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GOVERNMENT  AND  POLITICS 

IN  VIRGINIA 


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HOWARD  LEE  McBAIX,  Ph.  D. 

Eaton  Professor  of  Mimicipal  Science  and  Adtnitmtratwn  in 
Columbia  Universtiy 


REVISED    EDITION 


RICHMOND,    VIRGI.VIA 

Thf,  Bell  Book  and  Stationery  CoiiPANT 

1922 

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Copyright,  1516 

Copyright,  1922 

By  Howard  Lee  McBain 


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FOREWORD 


Regrettable  as  the  fact  is,  a  large  majority  of  children  in  the 
United  States  go  out  into  active  life  before  they  reach  the 
high  school.  Since  this  is  true,  and  since  ours  is  a  govern- 
ment which  the  people  themselves  must  operate,  it  seems 
manifestly  desirable  that  some  time  should  be  given  in  the 
elementary  schools  to  a  consideration  of  the  activities  of  the 
government.  This  book  has  been  written  for  the  pupils  of 
the  elementary  schools. 

Government  in  the  United  States  is  exceedingly  compli- 
<:ated  in  organization.  It  is  not  to  be  expected  that  children 
will  find  interest  in,  or  be  able  to  understand,  all  of  its  in- 
tricate details.  The  fundamental  principles  of  its  organiza- 
tion are  not,  however,  beyond  their  understanding;  and,  if 
properly  presented  to  them,  there  is  no  reason  why  the  func- 
tional activities  of  the  government  should  not  enlist  their 
keen  interest.  It  is  perhaps  not  of  vital  importance  that  the. 
child  in  school  should  be  able  to  memorize  the  titles,  the 
powers,  and  the  duties  of  the  innumerable  officers  who  carry 
on  the  work  of  the  government.  It  seems  axiomatic,  how- 
ever, that  in  the  school  itself^and  especially  in  the  school 
which  the  government  provides — a  very  determined  effort 
should  be  made  to  relate  the  child  to  the  government,  to 
make  him  see  its  necessity  and  its  purpose,  to  make  him 
understand  that,  far  from  being  a  thing  apart  from  his  own 
life,  the  government  is  actually  a  part  of  him  and  he  a  part 


ni 


459971 


iv  FOREWORD 

of  it.  This  can  be  accomplished  only  by  showing  the  child 
the  governnunt  in  action  and  by  emphasizing  the  personal 
benefits  which  he  enjo>s  by  reason  of  its  existence.  After 
his  interest  has  been  awakened  in  this  way,  he  will  naturally 
find  greater  interest  in  a  study  of  the  principles  which  under- 
lie the  organization  of  the  government  and  will  be  more  eager 
to  learn  something  about  the  powers  and  duties  of  the  more 
important  officers.  The  prime  purpose  in  this  book  is  to 
arouse  an  intelligent  interest.  Whh.  this  end  in  view  the 
functional  activities  of  the  state  and  local  governments  are 
discussed  before  any  attention  is  given  to  the  matter  of  gov- 
ernmental organization.  The  same  plan  precisely  is  followed 
in  the  treatment  of  the  national  government. 

It  is  entirely  natural  that  the  child  will  be  more  interested 
in  those  actixities  of  the  go\crnment  which  he  himself  has 
the  opportunity  to  observe.  Many  of  these  he  has  probably 
never  connected  with  the  government  at  all.  It  seems  highly 
appropriate,  therefore,  that  an  elementary  study  of  this  im- 
portant subject  should  begin  with  a  description  of  the  func- 
tions of  local  and  state  governments  and  should  proceed 
from  this  to  a  consideration  of  the  national  government. 
This  is  the  plan  of  presentation  which  is  followed  in  this 
book.  It  seems  further  proper,  in  an  elementary  study  such 
as  this  is,  that  the  attention  of  the  child  should  be  directed 
especially  to  the  government  of  his  own  state  and  his  own  local 
community.  There  are  large  differences  in  the  governments 
of  the  several  states  of  the  Union,  as  well  as  in  the  local  units 
of  government  that  are  established  in  these  states.  It  is 
practically  impossible  to  give  the  child  any  satisfactory  and 
adequate  conception  of  actual  conditions,  if  the  governments 


FOREWORD  V 

of  all  the  states  are  to  be  surveyed  and  the  treatment  made 
comparative.  This  book  deals,  therefore,  with  government 
as  it  is  found  in  Virginia.  There  is  only  occasional  reference 
to  other  states. 

Each  chapter  is  followed  by  a  series  of  questions  that  may 
be  used  as  a  basis  for  class  exercises.  For  the  most  part  these 
questions  are  not  founded  upon  the  subject  matter  of  the  text;, 
they  are  offered  simply  as  suggestions  to  stimulate  class  in- 
terest and  discussion.  Perhaps  the  teacher  herself  will  in 
some  instances  be  unable  to  answer  them.  The  teacher 
should  encourage  the  pupils  to  consult  their  parents  and  others- 
in  the  community  who  may  be  able  to  enlighten  them  in  re- 
spect to  these  and  other  similar  questions.  In  this  way,  it 
is  believed,  will  the  entire  study  be  localized  and  vitalized. 

Every  teacher  will  doubtless  wish  to  expand  her  knowledge 
of  this  important  subject  beyond  the  somewhat  elementary 
facts  contained  in  this  book.  Material  for  a  more  detailed 
study  of  the  government  of  Virginia  is  not  readily  available. 
The  only  general  work  on  this  subject  is  Dr.  F.  A.  Magruder's- 
Recent  Administration  in  Virginia.  This  monograph,  pub- 
lished in  1912  by  the  Johns  Hopkins  Press,  Baltimore,  Mary- 
land, contains  an  exceedingly  interesting  survey  of  the  origin 
and  development  of  the  several  administrative  departments 
of  the  state  government.  The  work  of  each  of  these  depart- 
ments is  also  described  in  some  detail  in  their  annual  printed 
reports,  copies  of  which  may  usually  be  secured  by  written 
application  to  the  respective  departments  at  Richmond.  The 
state  constitution  and  the  laws  enacted  by  the  General 
Assembly  are  compiled  in  what  is  known  as  The  Code  of  Vir~ 


vi  FORK  WORD 

ginia,  and  its  several  Supplements.  A  complete  revision  of 
this  code  was  published  in  two  volumes  in  1919.  These 
volumes  may  be  consulted  in  the  office  of  an\'  lawyer. 

By  far  the  best  work  dealing  with  the  whole  subject  of 
national,  state,  and  local  government  in  the  United  States 
is  Beard's  American  Government  and  Politics,  published  by 
the  Macmillan  Company,  New  York.  Young's  The  New 
American  Government  and  Its  Work,  Munro's  The  Government 
of  the  United  States,  Holcombe's  State  Government  in  the  United 
States  (all  published  by  Macmillan),  and  Kimball's  The  Na- 
tional Governynent  of  the  United  States  and  State  and  Municipal 
Government  in  the  United  States  (published  by  Ginn  and  Com- 
pany) may  also  be  recommended.  Bryce's  American  Com- 
monwealth, in  two  volumes,  completely  revised  in  1910,  is 
still  a  standard  work  on  American  government.  This  work 
also  is. published  by  the  Macmillan  Company  and  there 
is  an  abridged  edition  of  it  in  a  single  volume.  Ogg's  The 
Governments  of  Europe  (Macmillan)  and  Willoughby  and 
Roger's  An  Introduction- to  the  Problem  of  Government  (Double- 
day,  Page  and  Company)  are  valuable  treatises  on  their  re- 
spective subjects.  Numerous  other  general  works  on  Ameri- 
can government  might  be  mentioned,  and  there  are  many 
volumes  dealing  in  more  detail  with  specific  aspects  or  di- 
visions of  the  government.  It  seems  unnecessary,  however, 
to  present  here  anything  like  an  elaborate  bibliography. 

Howard  Lee  McBain. 

New  York  City, 
April,  1Q22. 


CONTENTS 


FIRST  PART 


POWERS  AND  DUTIES  OF  STATE  AND  LOCAL  GOV- 
ERNMENTS 

Chapter  Page 

I.  The  Need  for  Government 1 

II.  The  Life  and  Liberty  of  the  People 10 

III.  The  Life  and  Liberty  of  Persons  Accused 

OF  Crime 19 

IV.  The  Health  of  the  People 23 

V.  The  Property  of  the  People 30 

VI.  The  Farms  of  the  People 38 

VII.  The  Schools  of  the  People 43 

VIII.  The  Roads,  Streets,  AND  Parks  OF  THE  People       56 


SECOND  PART 


ORGANIZATION  OF  THE  STATE  AND  LOCAL  GOV- 
ERNMENTS 


IX.  The  Constitution  of  the  State 68 

X.  The  Votes  of  the  People 73 

XL  Political  Parties 81 

XI I.  The  State  Legislature 86 


Vll 


viii  CONTENTS 

Chapter  Page 

XIII.  The  Execution  of  the  Laws 93 

XIV.  The  State  Courts 104 

XV.  The  Government  of  Counties Ill 

XVI.  The  Government  of  Cities 118 

XVII.  State  and  Local  Taxation 127 


THIRD  PART 


POWERS   AND    DUTIES    OF   THE    NATIONAL    GOV- 
ERNMENT 

XVIII.  Foreign  Affairs  and  National  Defense..     135 
XIX.  Commerce,  Finance,  and  Industries 145 


FOURTH  PART 


ORGANIZATION  OF  THE  NATIONAL  GOVERNMENT 


XX.  The  National  Constitution 157 

XXI.  The  Supremacy  of  the  National  Constitu- 
tion   167 

XXII.  Congress 175 

XXIII.  The  Execution  of  National  Laws 185 

XXIV.  The  National  Courts 20O 

XXV.  National  Taxation 208 

XXVI.  The  Government  and  the  Citizen 215 

INDEX 225 


GOVERNMENT  AND  POLITICS  IN  VIRGINIA 


FIRST  PART 


POWERS  AND  DUTIES  OF  STATE  AND  LOCAL  GOV- 
ERNMENTS 


CHAPTER  I 
THE  NEED  FOR  GOVERNMENT 

THE  PEOPLE  AND  THE  LAND.  The  Commonwealth 
of  Vrginia  covers  an  area  of  more  than  forty  thousand  square 
miles.  Residing  upon  this  area  are  more  than  two  million 
people.  If  the  territory  of  the  State  were  divided  equally 
among  all  the  people,  every  man,  woman,  and  child  would 
have  about  twelve  acres  of  land  for  himself.  If  such  a  divi- 
sion were  made,  each  of  us  might  choose  to  live  absolutely 
alone  upon  his  own  twelve  acres  and  have  little  or  nothing 
to  do  with  his  neighbors.  Think  what  this  would  mean. 
Every  individual  would  have  to  provide  shelter  for  himself 
and  all  of  his  own  food  and  clothing.  How  unhappy  and  how 
unsatisfactory  our  lives  would  be. 

Now,  as  everybody  knows,  people  do  not  live  in  any  such, 
absurd  fashion  as  this.  Most  of  us  live  with  our  families,  and 
all  of  us  have  friends  and  acquaintances  with  whom  we  mingle. 

1 


2      GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

In  other  words,  people  do  not  live  separately  but  in  groups. 
And  there  are  many  reasons  why  they  live  in  this  way. 

THE  FAMILY  GROUP.  It  seems  unnecessary  to  point 
out  the  various  reasons  why  people  live  in  family  groups. 
Certainly  one  important  reason  is  that  during  all  the  earlier 
years  of  their  lives  children  are  unable  to  provide  for  them- 
selves. It  is  necessary  that  their  parents  should  care  for  them ; 
and  this  necessity,  among  other  things,  holds  the  family  group 
together.  It  seems  also  unnecessary  to  discuss  the  numerous 
advantages  which  we  enjoy  because  we  live  in  these  family 
groups.  So  many  are  these  advantages  and  so  strong  are  the 
ties  of  affection  between  the  memliers  of  the  family  that, 
even  after  children  are  able  to  support  themselves,  they  more 
often  than  not  continue  to  lixe  in  the  family  group  until  they 
are  ready  to  establish  families  of  their  own.  The  family  is 
indeed  the  smallest  of  all  the  groups  in  which  people  live,  but 
in  many  ways  it  is  also  the  most  important  of  all  groups. 

THE  COMMUNITY  GROUP.  Of  course  every  family 
usually  lives  by  itself  to  a  certain  extent.  But  families  also 
associate  with  one  another  and  form  larger  groups.  Even 
when  families  live  on  farms  and  are  thus  separated  by  con- 
siderable distances,  they  nevertheless  have  many  interests  in 
common.  They  make,  for  example,  common  use  of  the  roads, 
the  churches,  the  schools,  the  post  offices.  They  form,  in 
other  words,  a  community  group.  Nearly  three-fourths  of  the 
people  of  Virginia  live  in  farming  communities  of  this  kind. 

The  people  who  live  in  cities  and  villages  naturally  live 
much  closer  together  than  the  people  of  farming  communities. 
Naturally  also  they  have  a  larger  number  of  interests  in  com- 
mon. Their  streets,  for  example,  must  be  paved  and  cleaned 
and  lighted  for  the  benefit  of  the  whole  population.  They 
must  have  a  common  police  protection  and  common  protec- 
tion against  fires.  Such  things  as  water  and  light  must  be 
furnished  to  their  homes,  and  means  of  transportation  must 
be  provided. 


THE  NEED  FOR  GOVERNMENT  3 

WHY  PEOPLE  LIVE  IN  FARMING  AND  CITY 
COMMUNITIES.  Everybody  understands  why  a  certain 
number  of  people  must  of  necessity  live  in  farming  com- 
munities. Not  only  must  the  people  of  the  farms  raise  their 
own  food  and  the  raw  material  for  their  own  clothing,  but 
they  must  pro\ide  these  things  also  for  the  people  who  reside 
in  cities  and  villages.  There  are  equally  good  reasons  why 
people  live  in  cities  and  villages.  One  of  the  principal  rea- 
sons is  that  the  raw  material' raised  upon  the  farms  may  be 
more  easily  manufactured  in  cities  and  distributed  to  the 
stores  which  make  a  business  of  selling  manufactured  goods. 
The  people  of  the  farming  communities  are  themselves  very 
dependent  upon  the  labors  of  the  people  who  reside  in  cities. 
How  could  the  farms  be  properly  cultivated  without  the  im- 
plements that  are  made  in  city  communities?  Would  it  not 
be  a  distressing  state  of  affairs  if  every  farmer  were  compelled 
not  only  to  raise  the  wool,  the  flax,  and  the  cotton  from  which 
his  clothing  is  made,  but  also  to  manufacture  the  necessary 
cloth  and  thread  and  make  it  up  into  garments? 

It  is  clear,  then,  that  the  lives  of  all  of  us  are  made  a  great 
deal  easier  and  happier  because  we  live  in  community  groups 
and  because  the  farming  communities  and  the  city  com- 
munities are  dependent  upon  each  other.  Indeed  we  can 
scarcely  imagine  what  our  lives  would  be  if  people  did  not 
live  together  in  these  different  kinds  of  groups. 

HOW  PEOPLE  SATISFY  THEIR  DESIRES.  Every 
person  in  the  world  has  a  certain  number  of  desires  that  he 
wishes  to  satisfy.  Although  the  desires  of  different  indi- 
viduals vary  greatly,  there  are  certain  principal  desires  which 
nearly  everybody  has.  For  example,  life  itself  is  one  of  the 
things  which  all  of  us  desire  to  preserve.  Most  of  us  also  are 
anxious  to  preserve  our  health.  We  like  to  be  free  also  to 
do  as  we  please  without  interference  from  others.  In  other 
words,  we  desire  liberty  of  action. 


4      GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Another  thing  which  nearly  everybody  desires  is  to  earn 
money.  Most  people  do  not  care  for  money  in  itself,  but 
money  helps  us  to  live  our  lives  in  our  community.  The 
farmer  does  not  ordinarily  exchange  a  quantity  of  potatoes 
or  corn  for  a  suit  of  clothes  or  a  plow.  He  accepts  money  for 
his  potatoes  or  corn,  and  he  gives  the  same  money  for  the 
clothing  or  the  plow  that  he  wants.  Moreover,  the  possession 
of  money  enables  us  to  buy  things  which  we  call  property — 
such  things,  for  example,  as  land  and  houses, books  and  fur- 
niture, food  and  clothing,  horses  and  cattle.  These  things 
make  our  lives  more  comfortable,  and  it  is  natural  that  we 
should  seek  to  obtain  them. 

Most  of  us  desire  not  only  to  associate  with  the  people  of 
our  own  community  but  also  to  keep  in  touch  with  the  people 
of  other  communities.  For  this  purpose  we  need  roads  and 
bridges,  railroads  and  boat  lines,  postal  and  express  services, 
telegraph  and  telephone  lines.  Another  desire  which  most 
people  have  is  the  desire  for  knowledge.  We  want  to  know 
things.  We  must  have,  therefore,  not  only  schools  and  col- 
leges but  also  books  and  magazines  and  newspapers. 

These,  in  a  general  way,  are  a  few  of  the  desires  which  nearly 
everybody  has.  In  the  realization  of  these  desires,  we  find 
happiness  for  ourselves,  and  we  increase  our  usefulness  to 
our  family  and  our  community  groups. 

THE  CONFLICT  OF  INTERESTS  AMONG  PEOPLE. 
When  people  live  in  groups  it  is  utterly  impossible  for  each 
individual  to  pursue  his  own  desires  Vvithout  any  regard  for 
others.  We  desire  to  preserve  our  lives;  but  sometimes,  as 
in  time  of  war,  men  gladly  give  up  their  lives  for  their  coun- 
try. We  desire  health;  but  we  cannot  ignore  the  interests  of 
others  in  this  matter.  We  have  no  right,  for  example,  in 
seeking  to  protect  our  own  health,  to  drain  the  sewage  from 
our  house  into  an  open  stream,  if  thereby  we  endanger  the 
health  of  our  neighbors.  We  desire  liberty  of  action;  but  we 
must  use  our  liberty  with  due  consideration  for  the  rights  of 


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6      GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

others.  If  we  are  seized  with  some  contagious  disease,  we 
have  no  right  to  roam  at  liberty  and  thus  run  the  risk  of 
spreading  that  disease.  If  we  live  on  a  farm,  we  have  no 
right  to  refuse  to  build  fences  that  will  prevent  our  cattle  from 
straying  abroad  and  destroying  the  crops  of  others.  We  have 
no  right  to  drive  our  horses  or  our  automobiles  recklessly,  for 
in  so  doing  we  imperil  the  lives  of  others.  In  other  words,  our 
liberty  of  action  must  in  many  ways  be  restrained  in  order 
that  the  rights  and  desires  of  other  people  may  be  protected. 

THE  NEED  OF  ASSISTANCE  IN  ATTAINING  OUR 
DESIRES.  It  is  perfectly  clear  that  in  the  attainment  of 
some  of  their  desires  people  must  act  together.  Ihey  must 
pro\ide  some  things  which  they  can  use  in  common.  It 
would  certainly  be  ridiculous  if  each  farmer  attempted  to 
build  his  own  road  to  a  neighboring  city  or  village.  It  would 
be  impossible  for  every  family  to  establish  a  well-equipped 
school  for  the  children  of  the  family.  In  a  city  of  any  size 
it  would  be  very  difficult  for  each  family  to  supply  itself  with 
water  by  having  its  own  well.  And  surely  we  should  be  great- 
ly handicapped  if  we  were  compelled  to  fon\-ard  our  letters 
by  special  messengers.  In  such  matters  as  these  we  as  indi- 
viduals need  assistance;  and  we  find  that  assistance  by  acting 
together. 

THE  REASONS  WHY  GOVERNMENTS  ARE  ES- 
TABLISHED. Because  the  desires  and  interests  of  one  per- 
son so  often  conflict  with  the  interests  of  others  who  live  in 
the  same  group  it  is  nearly  always  desirable  to  lay  down  cer- 
tain rules  which  everyone  must  obey.  Even  in  the  family 
group  such  rules  are  necessary,  though  they  are  seldom,  if 
ever,  written  down.  So  in  the  school  there  are  rules  which 
must  be  respected.  In  the  larger  groups  which  form  com- 
munities there  are  also  rules.  In  every  community,  for  ex- 
ample, it  is  a  rule  that  no  person  shall  take  the  life  of  another 
person;  and  the  community  will  punish  any  person  who  dis- 
obeys this  rule.     The  rules  for  the  conduct  of  the  people  of  a 


THE  NEED  FOR  GOVERNMENT 


community  are  called  laws.  The  members  of  the-  com- 
munity choose  (or,  as  we  say,  elect)  certain  of  their  number 
to  frame  these  laws  for  the  community  and  the  laws  so  framed 
are  binding  upon  everybody.  Sometimes  we  may  feel  that 
the  laws  of  a  community  are  irksome,  because  they  interfere 
with  this  or  that  thing  that  we  as  individuals  want  to  do. 
Sometimes  also  we  may  think  this  or  that  law  is  unnecessary 
or  unwise.     We  should  remember,  however,  that  laws  pro- 


VIEW  OF  A   PRGSPLROUS    FARMING  COMMUNITY 

tect  us  from  others  in  far  greater  measure  than  they  actually 
restrict  us  in  what  we  ought  reasonably  to  be  permitted  to  do. 
For  the  most  part  they  deprive  us  only  of  those  rights  and 
liberties  which  it  is  necessary  for  us  to  give  up  for  the  general 
interests  of  the  whole  body  of  people  in  the  community. 

Not  only  must  laws  be  made  but  they  must  also  be  enforced ; 
and  the  people  of  every  community  select  for  this  purpose  a 


8      GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

number  of  persons  whom  we  call  officers.  It  is  the  duty  of 
these  officers  to  see  theit  the  laws  are  obeyed  and  to  settle 
disputes  that  arise  between  in(Ii\iduals  as  to  the  meaning  of 
the  laws. 

In  addition  to  all  this,  the  people  of  the  community  must 
provide  for  the  establishment  and  maintenance  of  the  various 
services  which  they  need  in  common.  This,  again,  requires 
officers — officers  who  are  empowered  to  build  and  repair 
roads,  to  operate  post  offices,  to  construct  and  manage 
schools.  In  other  words,  it  is  not  sufficient  for  a  community 
simply  to  have  laws  that  impose  duties  and  restrictions  upon 
individuals  for  the  common  benefit.  The  community  must 
also  have  certain  services  performed  which  individuals  cannot 
well  supply  for  themselves. 

These,  then,  are  the  reasons  why  people  establish  govern- 
ments. The  government  consists  of  officers  whom  we  choose 
to  perform  certain  duties  for  us  as  a  community.  We  re- 
quire some  of  these  officers  to  make  the  laws  for  the  com- 
munity, so  that  every  one  of  us  may  know  what  his  own  rights 
are  and  what  are  his  obligations  toward  his  neighbors.  To 
other  officers  we  give  the  power  to  enforce  these  laws,  so  that 
we  may  have  some  authority  to  appeal  to  when  our  rights  are 
ignored  or  abused  by  another  person.  We  select  still  another 
group  of  officers  to  perform  certain  services  which  the  people 
of  the  entire  community  need  to  use  in  common. 

It  is  difficult  to  see  how  we  could  get  along  in  any  com- 
munity if  we  did  not  establish  a  government  to  accomplisli 
these  purposes  for  us.  It  is  highly  important  that  each  of  us 
should  be  interested  in  the  government  of  his  community,  for 
certain  it  is  that  we  should  find  many  difficulties  in  living  our 
lives  among  our  fellowmen  and  in  realizing  many  of  our  de- 
sires if  there  were  no  such  thing  as  the  government.  It  is 
desirable,  therefore,  that  we  should  understand,  in  the  first 
place,  what  our  government  is  undertaking  to  do  for  us,  and, 


THE  NEED  FOR  GOVERNMENT  9 

in  the  second  place,  how  our  government  is  organized  to  carry- 
on  its  various  activities.     These  are  the  objects  of  our  study. 

CLASS  EXERCISES 

1.  What  sort  of  community  do  j'ou  live  in — is  it  a  farming  community* 
or  a  town,  or  a  citj'?  Find  out,  if  jou  can,  how  many  people  live  in  your 
community.  In  your  neighborhood  are  the  houses  close  together  or  far 
apart?  Think  of  some  of  the  ways  in  which  you  associate  with  the  people 
of  your  community — when  and  where,  for  instance,  do  you  meet  them? 

2.  Mention  some  of  the  advantages  that  people  enjoy  because  they 
live  in  family  groups.  If  you  lived  absolutely  alone,  how  would  you  get 
your  food?  Your  clothing?  Furniture?  How  would  you  shelter  your- 
self? 

3.  If  you  live  in  a  farming  community,  mention  some  of  the  advantages 
you  derive  from  associating  with  other  people  in  your  community.  Do 
you  use  any  things  that  are  manufactured  by  the  people  of  city  communi- 
ties?    Mention  some  of  these  things. 

4.  If  you  live  in  a  city  community,  in  what  ways  are  you  dependent 
upon  other  people  in  your  community?  In  what  ways  are  you  dependent 
upon  the  people  of  farming  communities? 

5.  Mention  some  of  the  desires  that  you  have.  Have  you  any  desire 
that  might  conflict  with  the  rights  or  desires  of  other  members  of  your 
family?     Of  your  neighbors? 

6.  Explain  how  some  of  your  desires  are  attained  by  reason  of  the  fact 
that  the  people  of  j-our  community  have  acted  together.  Who,  for  ex- 
ample, provided  the  road  or  the  street  over  which  you  traveled  to  school? 
Who  i)rovided  the  school? 

7.  Why  do  you  attend  school?  What  desire  are  j'ou  satisfying? 
Mention  some  of  the  waj's  by  which  the  people  of  your  communitj^  keep 
in  touch  with  the  people  of  other  communities. 

8.  What  do  j-ou  mean  by  the  government  of  a  community?  Why  is  it 
necessary?  Can  you  think  of  any  way  in  which  the  government  restricts 
3'ou  in  order  that  the  interests  or  desires  of  other  people  may  not  be  in- 
terfered with?  Can  you  think  of  any  services  provided  by  the  govern- 
ment which  you  could  not  provide  for  yourself? 

9.  Who  makes  the  rules  of  j-our  school?  Who  enforces  them?  Would 
it  be  appropriate  to  speak  of  the  "government"  of  your  school?  What 
would  you  mean? 


CHAPTER  II 
THE  LIFE  AND  LIBERTY  OF  THE  PEOPLE 

PROTECTION  OF  PERSONS  AGAINST  VIOLENCE, 
For  the  most  part  the  people  of  a  community  are  accustomed 
to  live  in  harmony  and  peace  with  one  another.  Occasionally, 
however,  one  person  attacks  another  and  sometimes  even 
takes  his  life.  This  is  naturally  prohibited  by  the  law,  and 
the  government  makes  every  effort  to  arrest  the  person  who 
commits  an  offense  of  this  kind,  and  especially  the  person  who 
takes  another's  life. 

In  every  community  there  are  officers  provided  for  this 
purpose.  In  farming  communities  there  are  constables  and 
sheriffs.  In  city  communities,  because  of  the  close  associa- 
tion of  many  people,  personal  attacks  are  more  frequent  than 
in  farming  communities.  In  cities,  therefore,  the  government 
provides  a  more  numerous  force  of  officers  known  as  the  police 
force.  The  streets  of  the  city  are  patrolled  by  day  and  by 
night  in  order  that  persons  may  be  promptly  protected  from 
the  violence  of  others. 

Of  course  it  often  happens  that  these  officers  who  are 
provided  to  preserve  the  peace  of  the  community  are  not  on 
hand  when  an  attack  is  made,  but  the  knowledge  that  the 
government  has  provided  such  officers,  who  will  seek  out  and 
arrest  offenders  and  bring  them  to  punishment,  serves  to  pre- 
vent many  attacks  that  might  otherwise  be  made.  In  this 
way,  then,  does  the  government  endeavor  to  protect  us  against 
those  persons  in  the  community  who,  in  a  fit  of  passion  or  be- 
cause of  some  grudge  against  us,  might  attempt  to  injure  us 
or  destroy  our  lives. 

Very  occasionally  in  a  community  there  is  a  large  uprising 
of  persons,  who  in  their  anger  are  ready  to  injure  or  take  the 

10 


LIFE  AND  LIBERTY  OF  THE  PEOPLE 


11 


lives  of  those  whom  they  regard  as  their  enemies.  This,  for 
example,  sometimes  occurs  when  a  large  strike  is  on,  and  when 
the  striking  workmen  or  those  who  sympathize  with  them  try 
to  prevent  others  from  taking  their  places.  Sometimes  also 
an  unruly  mob  will  attempt  to  take  the  life  of  some  person 
who  has,  or  is  supposed  to  have,  committed  an  ugly  crime  in 
the  community.  When  conditions  like  this  prevail  it  is  im- 
possible for  the  ordinary  officers,  such  as  constables,  the 
sheriff,  or  the  police,  to  furnish  the  necessary  protection  for 
the   lives   of   those   who   are    threatened.     The    go\ernment. 


COMPANIES  OF  MILITIA   ON  DRESS   PARADE 

therefore,  provides  what  is  known  as  the  militia.  The  militia 
consists  of  companies  of  troops  which  may  be  called  out  and 
sent  to  the  scene  of  any  unusual  disturbance  in  order  that  the 
peace  may  be  preserved  and  the  rioters  prevented  from  carry- 
ing out  their  designs.  It  is,  however,  only  on  rare  occasions 
that  there  is  any  necessity  for  the  use  of  the  militia. 

PROTECTION  OF  PERSONS  AGAINST  A  CCIDENTS. 
Some  accidents  are  apparently  so  unavoidable  that  perhaps 
nobody  can  be  blamed  for  them ;  but  for  many  of  the  accidents 


12    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

that  happen  to  persons  in  the  course  of  their  lives  they  them- 
selves are  alone  responsible.  Of  course  it  would  be  impossible 
for  the  government  to  attempt  to  protect  us  against  every 
avoidable  accident  that  might  occur.  There  are,  however, 
certain  circumstances  in  which  the  dangers  of  accident  are  so 
apparent  that  the  government  does  attempt  to  furnish  a  de- 
gree of  protection. 

The  people  who  live  in  farming  communities  are  exposed  to 
only  a  few  dangers  from  accident  in  respect  to  which  the  gov- 
ernment can  be  of  assistance.  The  government  requires,  for 
example,  that  persons  driving  along  roads  shall  keep  to  the 
right,  in  order  that  one  driver  may  know  what  move  to  expect 
from  another.  The  government  also  limits  the  speed  at 
which  automobiles  may  travel.  Sometimes  in  the  construc- 
tion of  roads  and  bridges  the  government  erects  fences  or  rails 
to  protect  persons  from  dangerous  ditches  or  ravines.  Espe- 
cially does  the  government  endeavor  to  protect  persons  against 
accidents  from  railway  trains.  Wherever  a  road  crosses  a 
railway  track  the  government  requires  that  the  railway  com- 
pany shall  erect  a  sign  warning  the  traveler  on  the  road  of 
possible  danger.  Sometimes  there  is  the  additional  warning 
of  a  bell  indicating  the  approach  of  a  train.  Occasionally, 
moreover,  the  railway  company  is  required  to  carry  its  tracks 
on  a  bridge  above  the  road  or  to  carry  the  road  on  a  bridge 
over  the  tracks  in  order  that  the  danger  from  accident  may 
be  completely  avoided. 

It  is,  however,  in  the  cities,  where  the  risks  are  much  greater 
than  in  farming  communities,  that  the  government  under- 
takes in  numerous  ways  to  lessen  the  possibility  of  accidents. 
Trains  are  required  to  move  at  a  very  slow  rate  of  speed.  The 
operation  of  street  cars  and  of  automobiles  is  regulated  in 
many  ways  by  law;  and  not  infrequently  special  policemen  are 
placed  at  corners  where  the  traffic  is  particularly  heavy  in 
order  that  they  may  regulate  the  movement  of  vehicles. 

The  government  also  does  many  things  to  lessen  the  danger 


LIFE  AND  LIBERTY  OF  THE  PEOPLE 


13 


from  accidents  that  result  from  fires  in  cities.  Many  build- 
ings are  required  to  be  equipped  with  fire  escapes.  In  the 
theatres  and  other  buildings  where  large  numbers  of  people 
gather  the  government  regulates  such  things  as  the  width  of 
the  aisles,  the  number  of  people  that  may  be  allowed  to  stand, 
and  the  number  and  kind  of  exits  that  must  be  provided,  in 
order  that,  in  case  of  fire,  the  audience  may  quickly  gain  the 
street.  Moreover,  in  all  of  the  larger  cities  there  is  a  force  of 
officers  for  the  special  purpose  of  putting  out  fires,  and  many 
persons  are  saved  from  accident  and  from  loss  of  life  by  the 
heroic  work  of  these  firemen. 


A  STEEL  BRIDGE  UNDER  CONSTRUCTION 
This  huge  viaduct,  at  Richmond,  Virginia,  helps  to  prevent  accidents  by  carry- 
ing traffic  high  above  numerous  railroad  traclcs 

The  government,  further,  attempts  to  lessen  the  dangers 
from  accident  to  the  workmen  who  are  employed  in  large 
manufacturing  plants.  The  managers  of  these  plants  are 
required  to  place  guards  around  dangerous  machinery  and 
otherwise  to  provide  against  accidents  to  their  employes, 
whether  from  fire  or  from  the  operation  of  the  plant.  "^ 


14    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

PROTECTION  OF  THE  POOR.  In  still  another  way 
does  the  government  throw  its  protection  around  the  life  of 
the  indix'idual.  When  a  man's  health  and  strength  have 
failed,  when  he  is  without  money  and  without  friends  or 
relatives  to  support  him,  he  finds  that  the  government  has 
made  provision  for  his  care.  Formerly  this  protection  of  the 
poor  was  given  by  the  churches  and  by  private  persons  and 
organizations.  These  still  do  a  great  deal  toward  helping 
those  who  are  unable  to  help  themselves.  In  modern  times, 
however,  the  care  of  the  poor  has  come  to  be  regarded  as  one 
of  the  duties  of  the  government.  We  find  almshouses,  there- 
fore, in  every  county  and  city;  and  officers  are  appointed 
whose  duty  it  is  to  see  that  these  unfortunates  in  the  com- 
munity arc  provided  for. 

PROTECTION  OF  AGED  SOLDIERS.  In  Virginia  the 
government  also  contributes  to  the  support  of  the  soldiers 
who  fought  in  the  War  Between  the  States,  and  who,  by  rea- 
son of  their  disablement  or  their  losses  as  a  result  of  the  war, 
are  unable  to  care  for  themselves.  These  venerable  men 
gladly  gave  their  services  to  the  state  in  their  3'outh.  They 
stood  ready  at  a  time  of  great  need  to  sacrifice  their  lives  for 
the  Southern  cause.  In  many  cases  they  lost  everything. 
It  is  no  more  than  right  and  just,  therefore,  that  the  govern- 
ment should  make  some  provision  for  them  during  the  de- 
clining years  of  their  lives. 

THE  MEANING  OF  LIBERTY  IN  THE  COM- 
MUNITY. As  we  have  already  had  occasion  to  note,  our 
desire  for  liberty  of  action  must  be  restricted  in  many  ways 
in  the  interest  of  other  people  who  live  with  us  in  the  com- 
munity. If  the  government  did  not  impose  certain  restric- 
tions upon  our  liberties,  the  thoughtless  and  inconsiderate 
people  of  the  community  would  often  seriously  interfere  with 
the  rights  of  others.  It  is  only  by  restricting  the  liberty  of 
each  of  us  to  some  extent  that  the  interests  of  all  can  be  pro- 
tected. 


LIFE  AND  LIBERTY  OF  THE  PEOPLE  15 

It  would  be  impossible  to  enumerate  all  of  the  ways  in 
which  the  government  imposes  restrictions  upon  our  liberties. 
This  would  necessitate  a  rev^iew  of  nearly  all  of  the  laws  which 
the  government  enacts;  for  most  laws  deprive  us  of  liberty  in 
one  way  or  another.  We  are  compelled  to  do  certain  things 
which,  if  our  liberty  was  wholly  unrestrained,  we  might  not 
choose  to  do.  We  are  likewise  forbidden  to  do  many  things 
which  we  might  otherwise  wish  to  do.  It  is  a  great  mistake, 
however,  to  suppose  that  these  restrictions  upon  our  freedom 
of  action  are  imposed  merely  for  the  sake  of  interfering  with 
us.  This  is  far  from  the  fact.  Restrictions  are  never  placed 
upon  our  individual  liberties  except  when  the  government  be- 
lieves that  the  whole  community  will  be  benefited  by  such  re- 
strictions. 

HOW  THE  GOVERNMENT  ITSELF  IS  PROHIBITED 
FROM  INTERFERING  WITH  OUR  LIBERTY.  It  is  a 
mistake  also  to  suppose  that  the  government  can  go  to  any 
extent  it  chooses  in  restricting  our  liberties.  There  are  cer- 
tain personal  rights  that  we  as  a  people  regard  as  of  great  im- 
portance; and  we  expressly  prohibit  the  government  from  in- 
terfering with  these  rights.  For  example,  we  prohibit  the 
government  from  depriving  us  of  freedom  of  speech  or  of 
freedom  of  religion ;  and  we  do  not  permit  the  officers  of  the 
government  to  make  unreasonable  entry  into  our  dwellings. 
Moreover,  as  we  shall  see  in  the  next  chapter,  we  limit  the 
power  which  the  government  may  exercise  over  persons 
accused  of  crime,  in  order  that  innocent  persons  may  not 
suffer  unjustly. 

THE  RIGHT  OF  FREEDOM  OF  SPEECH  AND  THE 
PRESS.  In  some  countries  people  have  to  be  very  careful 
what  they  say  or  write  or  print  about  the  government.  In 
V^irginia,  however,  and  indeed  throughout  the  United  States, 
there  is  no  suppression  of  news  in  regard  to  the  government. 
Anybody  may  criticise  the  affairs  of  the  government  as  he 
pleases.  _  Why  is  such  liberty  permitted  in  America?     It  is 


16    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

because  we  believe  that  the  more  the  people  know  about  the 
government,  the  better  government  we  shall  have.  It  is 
necessary,  therefore,  that  we  should  be  permitted  to  discuss 
the  actions  of  the  government  very  freely.  If  corrupt  or 
inefficient  officers  get  control  of  the  go\ernment,  it  is  right 
that  the  people  should  know  this.  It  is  true  that  able  and 
conscientious  officers  are  sometimes  unjustly  condemned,  and 
the  liberty  that  we  as  a  people  enjoy  is  thus  abused.  This 
is  unfortunate.  But  ev^en  though  our  liberty  of  speech  is 
sometimes  abused,  it  would  be  far  worse  if  we  were  kept  in 
ignorance  of  what  the  officers  of  the  government  are  doing. 

When  persons  become  officers  of  the  government  they  are 
in  a  way  the  servants  of  the  whole  community,  and  they 
place  themselves  in  a  position  that  especially  invites  criticism 
of  their  acts.  In  criticising  their  acts,  however,  we  have  no 
right  to  say  or  write  false  and  malicious  things  about  the  per- 
sonal character  of  these  officers.  Much  less  have  we  the  right 
to  say  and  write  whatever  we  choose  about  our  fellow  citi- 
zens. If  we  could  do  this,  it  is  easy  to  see  that  one  person 
might  often  do  serious  injury  to  another  person's  reputation 
and  standing  in  the  community.  Whenever  a  person  can 
prove  that  he  has  been  falsely  slandered  by  another,  the  law 
provides  that  the  person  who  has  slandered  him  shall  pay  him 
a  sum  of  money  equal  to  the  loss  that  he  has  sustained. 
Officers  of  the  government  do  not  often  attempt  to  recover 
money  damages  of  this  kind,  but  private  persons  are  not  in- 
frequently compelled  to  do  so.  While  we  as  a  people  are  pro- 
tected in  our  freedom  of  speech  and  of  the  press,  the  govern- 
ment has  the  power  to  limit  that  freedom  to  the  end  that  the 
reputations  of  individuals  may  not  be  destroyed  by  their 
personal  enemies. 

THE  RIGHT  OF  FREEDOM  OF  RELIGION.  In  times 
gone  by  the  churches  were  often  very  closely  connected  with 
the  government.  Indeed  the  officers  of  the  government 
would  often  persecute  those  who  held  religious  beliefs  that 


LIFE  AND  LIBERTY  OF  THE  PEOPLE  17 

differed  from  their  own.  Even  after  the  days  of  religious  per- 
secutions passed,  the  government  often  gave  special  support 
to  a  particular  religious  denomination.  And  this  is  the  situa- 
tion that  prevails  in  some  countries  even  at  the  present  time. 

In  Virginia  the  Episcopal  or  Anglican  Church  was  sup- 
ported by  the  government  down  to  the  year  1785.  It  was 
largely  through  the  efforts  of  Thomas  Jefferson  and  James^ 
Madison  that  this  system  was  abolished.  Thereafter  the 
Episcopal  Church,  like  all  the  other  denominations,  was  com- 
pelled to  support  itself  and  secured  no  special  favors  from  the 
government.  As  everybody  knows,  we  now  enjoy  absolute 
freedom  to  worship  at  any  church  we  choose,  and  we  are  not 
required  by  law  to  contribute  to  the  support  of  any  church. 
It  is  highly  improbable  that  the  government  would  ever  at- 
tempt at  this  late  day  to  give  special  favor  to  any  particular 
denomination  or  sect.  But  in  order  to  guard  against  this 
possibility,  we  have  absolutely  prohibited  the  government 
from  doing  so. 

THE  RIGHT  TO  BE  FREE  FROM  SLA  VERY.  Before 
the  War  Between  the  States,  almost  the  entire  negro  popula- 
tion of  Virginia,  in  common  with  the  negroes  of  the  rest  of  the 
South,  was  held  in  slavery.  Slaves  were  bought  and  sold. 
Indeed  they  were  exchanged  very  much  like  other  property. 
Although  they  were  in  most  cases  treated  kindly  by  their 
masters,  they  did  not  enjoy  any  considerable  degree  of  per- 
sonal freedom.  They  were  compelled  to  do  what  their  owners 
required  of  them.  As  a  result  of  the  war  the  negroes  were 
made  free,  and  today  they  enjoy  the  same  amount  of  per- 
sonal freedom  that  is  permitted  to  the  white  population.  It 
is  now  a  general  principle  of  government  throughout  the 
United  States  that  no  person  can  be  made  the  slave  of  an- 
other. One  person  is  as  free  as  another,  which  means  that 
everybody  is  free  to  do  as  he  pleases  so  long  as  he  obeys  the 
laws  of  the  community  in  which  he  lives. 


18    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

CLASS  EXERCISES 

1.  What  means,  if  any,  are  jjrovided  in  your  school  for  the  protection 
of  the  lives  of  the  teachers  and  piii)ils?  Are  there  fire-escajes?  Are 
there  broad  staircases?    Are  there  sufficient  exits?    Do  you  have  fire  drills? 

2.  If  you  live  near  a  railroad,  do  you  know  of  any  precautions  that 
are  taken  to  prevent  accidents? 

3.  If  you  live  in  a  city,  do  you  know  of  any  precautions  that  are  taken 
to  prevent  accidents  by  fire  in  public  buildings?  To  prevent  accidents 
in  the  streets?  How  are  your  city  streets  lighted,  and  why?  Who  owns 
the  lighting  plant? 

4.  A.sk  some  manufacturer  in  your  community  what  things  the  gov- 
ernment compels  him  to  do  to  safeguard  his  employes. 

5.  Find  out  what  provision  is  made  in  your  community  for  the  care  of 
the  poor.     Who  supports  the  poorhouse? 

6.  Is  there  a  militia  company  organized  in  your  communitj'?  Do  you 
know  of  any  time  that  it  has  been  called  into  active  service?  If  so,  when, 
and  why? 

7.  Mention  some  of  the  restrictions  upon  your  liberty  in  the  school- 
room— what  are  some  of  the  things  that  you  are  not  permitted  to  do? 

Explain  how  these  things  would  interfere  with  the  rif  hts  of  others.  Why 
are  you  forced  to  consider  the  rights  of  others?  Why  are  they  forced  to 
consider  your  ri{.'hts? 

8.  How  is  your  liberty  in  the  family  restricted?  Who  makes  the  rules 
which  you  must  obey  in  the  home?     Why  are  they  made? 

9.  Compare  the  restrictions  upon  your  liberty  in  the  school  and  in  the 
family  with  the  restrictions  which  the  government  places  upon  the  liberties 
of  people  living  in  the  community.  \\  hy  are  these  latter  restrictions 
necessary?     What,  then,  do  we  mean  by  liberty  in  a  community? 

10.  Can  the  government  restrict  the  liberty  of  the  peo])le  to  any  extent 
it  chooses?  Can  the  government,  for  instance,  prohibit  freedom  of  speech? 
What  do  we  mean  by  freedom  of  speech?  Can  one  man  say  or  print  any- 
thing he  chooses  about  another  without  fear  of  punishment? 

11.  Does  the  government  prescribe  what  church  you  shall  attend? 
Could  it  do  so  if  it  wished?  Why?  Did  the  government  of  Virginia  ever 
make  such  laws?     Why  were  they  abolished?     What  is  meant  by  an 

"estabHshed  church"? 

12.  Did  you  ever  hear  or  read  that  some  officer  of  the  government  was 
unworthy  of  his  position?  Have  the  i)eople  in  Virginia  the  right  to  talk 
freely  about  the  officers  of  the  government?  What  good  results  from 
this?     What  evil  sometimes  results? 

13.  When  was  slavery  abolished  in  Virginia?  How  much  liberty  did 
the  slaves  enjoy?     What  liberties  do  the  colored  people  enjoy  today? 


CHAPTER  III 

THE  LIFE  AND  LIBERTY  OF  PERSONS  ACCUSED 

OF  CRIME 

PROTECTION  GIVEN  TO  PERSONS  ACCUSED  OF 
CRIME.  It  is  of  great  importance  that  persons  who  violate 
the  laws  of  the  community  should  be  punished.  Otherwise 
the  laws  and  the  government  itself  would  be  useless.  But  it 
is  no  less  important  that  innocent  persons  should  not  be  made 
to  suffer  merely  because  they  are  suspected  of  having  violated 
the  laws.  In  order  to  avoid  this  we  give  to  all  persons  who 
are  accused  of  committing  crimes  certain  rights  which  they 
may  demand. 

THE  PRESUMPTION  OF  INNOCENCE.  Perhaps  the 
most  important  of  these  rights  is  that  every  person  is  pre- 
sumed to  be  innocent  until  the  government  has  proved  that 
he  is  guilty.  In  other  words,  unless  the  government  can  find 
other  persons  who  saw  the  accused  commit  the  offense  in 
question,  or  unless  it  can  show  certain  facts  which  prove  the 
person's  guilt  beyond  any  reasonable  doubt,  the  person  can- 
not be  punished,  whether  he  is  actually  guilty  or  not. 

It  is  probable  that  a  guilty  person  is  sometimes  allowed  to  gc 
unpunished  because  the  government  cannot  get  actual  proof 
against  him.  This  is  regrettable,  but  it  is  occasionally  neces- 
sary. Otherwise  the  officers  of  the  government  would  be 
able  to  punish  a  person  merely  because  they  thought  he  had 
committed  an  offense.     That  would  indeed  be  unendurable. 

THE  PRIVILEGE  OF  BEING  RELEASED  ON  BAIL. 
Of  course  persons  must  sometimes  be  held  merely  on  sus- 
picion, until  the  government  has  had  time  to  investigate,  and 
until  what  is  known  as  a  trial  can  be  held.  Even  in  such 
cases  the  person  so  held  has  certain  rights  and  privileges.     He 

19 


20    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

can,  for  instance,  ask  to  be  released  on  bail.  If  this  request 
is  granted,  someone  must  deposit  a  sum  of  money  with  the 
government;  and  in  case  the  person  escapes  from  the  com- 
munity, or  fails  to  present  himself  for  trial,  this  money  is 
forfeited  to  the  government.  The  amount  of  bail  that  is 
demanded  usually  varies  with  the  seriousness  of  the  offense. 
And  sometimes,  either  because  of  the  seriousness  of  the 
offense,  or  because  the  government  has  reason  to  believe  that 
the  suspected  person  is  planning  to  escape  and  forfeit  his  bail, 
the  government  refuses  to  allow  him  to  be  released  on  bail. 
In  many  cases,  however,  it  is  only  fair  that  a  person  who  is 
merely  suspected  should  be  permitted  to  go  at  liberty  until 
the  government  is  ready  to  put  him  on  trial  and  prove  his 
guilt.  The  chief  objection  to  the  bail  system  is  that  a  poor 
person  or  a  person  unknown  in  the  community  often  finds 
difficulty  in  raising  the  money  to  deposit  with  the  govern- 
ment. 

THE  RIGHT  OF  INDICTMENT  BY  GRAND  JURY. 
If  the  offense  of  which  a  person  is  accused  is  a  grave  one,  he 
cannot  actually  be  brought  to  trial  upon  the  mere  accusation 
of  some  officer  of  the  government.  This  officer  must  present 
the  evidence  which  he  has  against  the  person  to  a  group  of 
private  citizens  who  are  known  as  a  grand  jury.  If  this 
grand  jury  thinks  that  the  evidence  against  the  person  is 
sufficient,  they  bring  in  what  is  known  as  an  indictment 
against  him.  This  simply  means  that  the  person  is  formally 
accused  by  the  grand  jury  and  is  ordered  to  be  tried  for  the 
offense.  If  the  grand  jury  thinks  the  evidence  insufficient, 
they  dismiss  the  indictment;  and  the  person  cannot  then  be 
held  for  trial.  Sometimes  a  person  is  arrested  on  suspicion 
and  held  (or  released  on  bail)  until  the  grand  jury  can  be 
assembled.  He  is  then  said  to  be  "held  for  the  grand  jury." 
Sometimes  he  is  not  arrested  at  all  until  after  the  grand  jury 
has  indicted  him.     In  either  case,  after  the  grand  jury  has 


LIFE  AND  LIBERTY  OF  THE  ACCUSED         21 

presented  an  indictment  against  a  person,  he  is  said  to  be 
^'held  for  trial." 

THE  RIGHT  OF  TRIAL  BY  JURY.  For  all  the  more 
serious  offenses  a  person  is  entitled  to  be  tried  by  jury.  This 
means  that  his  guilt  or  innocence  must  be  determined  by  a 
group  of  twelve  private  citizens  who  reside  in  the  community 
in  which  the  offense  was  committed.  Moreover,  these  twelve 
persons  must  all  agree.  Otherwise  a  new  jury  must  be  chosen 
and  another  trial  held.  More  than  this,  the  accused  must  be 
tried  in  an  "open  court" — that  is,  a  court  to  which  the  public 
is  admitted.  The  court  may,  however,  be  cleared,  if  those 
who  are  present  attempt  to  influence  the  jury  by  showing 
their  feeling  for  or  against  the  prisoner.  The  accused  can- 
not be  compelled  to  testify  against  himself.  If  he  prefers  to 
remain  silent,  he  has  the  right  to  do  so.  The  witnesses  against 
him  must  give  their  testimony  in  his  presence.  And  the  gov- 
ernment is  required  to  force  the  attendance  of  any  witnesses 
whom  the  prisoner  may  demand. 

When  all  the  evidence  for  and  against  the  accused  has  been 
presented,  the  jury  retires  to  consider  the  case.  If  they  come 
to  an  agreement,  they  bring  in  what  is  known  as  a  verdict. 
This  verdict  may  be  either  of  guilt  or  of  innocence.  If  the 
verdict  is  one  of  guilt,  the  accused  is  said  to  be  "convicted"; 
and  thereafter  he  is  "sentenced"  to  serve  the  punishment 
which  the  law  provides  for  the  particular  offense. 

THE  RIGHT  OF  APPEAL.  It  is  often  the  case  that  a 
prisoner,  even  after  he  has  been  convicted  and  sentenced,  has 
the  right  to  carry  his  case  to  another  and  higher  court.  This 
we  call  the  right  of  appeal.  He  is  not  again  tried  by  a  jury; 
but  this  higher  court  considers  whether  the  case  was  properly 
tried  before  the  jury.  If  they  conclude  that  the  trial  was 
not  conducted  with  all  the  fairness  required  by  the  law,  they 
have  the  power  to  order  that  a  new  trial  be  held. 

THE  RIGHT  NOT  TO  BE  PUNISHED  IN  A  CRUEL 
OR    UNUSUAL   MANNER.     Various   degrees   of   punish- 


22    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

ment  for  different  offenses  are  prescribed  by  the  laws  of  the 
community.  But  the  government  in  making  these  laws  may 
not  provide  any  cruel  or  unusual  punishment.  The  most 
usual  punishment  is  a  fine  or  imprisonment,  and  sometimes 
both  a  fine  and  a  term  of  imprisonment  are  imposed.  For  a 
few  very  serious  offenses  the  government  prescribes  the 
punishment  of  death.  Formerly  in  Virginia  persons  w^ho  were 
sentenced  to  death  were  hanged;  but  more  recently  the  law 
has  provided  for  death  by  electrocution — that  is,  by  causing 
an  electric  current  to  pass  through  the  body.  Many  persons 
believe  that  punishment  by  death  should  be  abolished  entirely. 
But  as  long  as  the  people  retain  this  form  of  punishment  for 
a  few  of  the  more  terrible  crimes,  the  use  of  the  electric  current 
is  certainly  more  humane  than  the  old  method  of  hanging. 

CLASS  EXERCISES 

1.  Suppose  a  man  commits  a  crime  in  your  community,  who  would 
ordinarily  arrest  him?  Where  would  he  be  taken?  Would  he  have  to 
prove  his  inuocence? 

2.  Explain  how  he  might  be  released  on  bail.  Explain  how  he  might 
be  "held  for  the  grand  jury."  How  would  he  be  indicted?  What  would 
this  mean?     How  would  he  be  tried? 

3.  What  is  a  verdict?  A  conviction?  A  sentence?  What  is  the  right 
of  appeal?     Electrocution? 

4.  Find  out  where  the  courts  in  your  community  are  held.  Have  you 
ever  seen  a  court  room?     If  so,  describe  it. 

5.  Find  out  when  a  grand  jury  last  met  in  your  community.  Try  to 
find  someone  who  has  served  on  a  grand  jury,  and  ask  him  how  the  busi- 
ness of  the  grand  jury  was  conducted. 

6.  Try  to  find  someone  who  has  served  on  a  jtiry.  Ask  him  to  de- 
scribe the  trial  to  you. 


CHAPTER  IV 

THE  HEALTH  OF  THE  PEOPLE 

PROTECTION  AGAINST  CONTAGIOUS  DISEASES, 
Many  years  ago  it  usually  happened  that  when  some  con- 
tagious disease  broke  out  in  a  community  it  spread  rapidly 
from  family  to  family.     This  was  known  as  an  epidemic. 
In  the  case  of  the  more  dangerous  diseases,  such  as  small- 
pox, diphtheria,  scarlet  fever,  and  typhoid  fever,  many  per- 
sons would   die  during  these  epidemics.     There  were  alsa 
epidemics  of  less  dangerous  diseases,  such  as  whooping-cough, 
chicken  pox,  measles,  and  grip.     Now  the  chief  reason  why 
most  of  these  diseases  spread  with  such  rapidity  was  that  no 
effort  was  made  to  prevent  well  persons  from  coming  in  con- 
tact with  those  who  were  ill.     It  is  now  well  recognized  that 
it  is  the  duty  of  the  government  to  take  precautions  to  pre- 
vent the  spread  of  contagious  diseases.     For  example,  the 
requirement  that  school  children  shall  be  vaccinated  is  a  pre- 
caution that  is  taken  to  prevent  the  spread  of  the  most  dan- 
gerous of  all  of  these  diseases — smallpox.     But  the  govern- 
ment must  also  exercise  control  over  the  persons  who  are  so 
unfortunate  as  to  contract  contagious  diseases.     The  attempt 
is  made  to  prevent  well  persons  from  coming  in  contact  with 
these  unfortunates.     To  this  end  the  government  forbids  well 
persons  to  enter  a  house  in  which  one  of  these  diseases  pre- 
vails, and  signs  of  warning  are  often  required  to  be  posted 
conspicuously  upon  such  a  house.     The  children  of  the  family, 
if  they  have  been  exposed  to  the  disease,  are  prevented  from 
attending  school.     After  the  disease  is  over  the  government 
often  requires  that  the  premises  shall  be  thoroughly  fumi- 
gated.    In  the  case  of  very  dangerous  diseases,  such  as  small- 
pox, the  government  often  provides  a  special  hospital  and 

23 


24    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

requires  that  the  patient  shall  be  removed  to  this  carefully 
guarded  institution. 

It  is  not  easy  to  enforce  regulations  of  this  kind  and  people 
often  object  to  the  restrictions  that  are  imposed  upon  them. 
When  we  compare,  however,  the  infrequency  with  which  wide- 
spread epidemics  now  occur  with  their  great  frequency  in  the 
past,  we  realize  the  necessity  of  control  by  the  government, 
and  we  ought  to  be  perfectly  willing  to  comply  with  those 
requirements  which  are  made  of  us. 

The  danger  from  the  spread  of  contagious  diseases  in  cities 
is  naturally  greater  than  it  is  in  farming  communities.  This 
is  due  to  the  fact  that  people  in  cities  live  so  much  closer  to- 
gether. In  cities,  therefore,  the  government  enforces  quaran- 
tine regulations  with  greater  strictness  than  elsewhere. 

PROTECTION  A  GA  INST  IMP  URE  WA  TER.  I  n  farm- 
ing communities  the  water  that  is  needed  by  each  family 
is  almost  in\'ariably  secured  from  a  private  well.  The  gov- 
ernment cannot  undertake  to  protect  all  of  these  many  wells 
against  impurities.  Individuals  themselves  should,  however, 
exercise  great  care  in  this  matter.  For  instance,  a  person 
should  never  be  so  foolish  as  to  place  a  well  in  a  position 
where  the  filth  and  refuse  from  a  stable  will  drain  toward  the 
well.  It  is  now  an  established  fact  that  certain  diseases, 
such,  for  example,  as  typhoid  fever,  are  more  often  than  not 
caused  by  impurities  in  water  that  is  used  for  drinking.  A 
person  who  is  not  careful  in  properly  locating  and  covering 
his  well  puts  himself  and  his  family  in  constant  danger. 

In  the  cities,  where  water  is  almost  invariably  supplied  to 
the  homes  of  the  people  through  pipes  and  mains  that  are  laid 
under  the  streets  and  connected  with  the  houses,  the  govern- 
ment itself  is  responsible  for  the  purity  of  the  water.  Some- 
times a  city  can  secure  its  water  from  a  source  which  contains 
no  impurities.  Occasionally,  however,  it  is  necessary  for  the 
government  to  instal  a  plant  to  purify  the  water  before  it  is 
distributed    to    the    people.     These    plants    are    commonly 


THE  HEALTH  OF  THE  PEOPLE 


25 


known  as  filtration  plants.  In  cities  also  the  government  has 
to  be  careful  not  to  discharge  the  sewage  which  is  taken  from 
the  homes  of  the  people  in  any  place  that  is  likely  to  endanger 
the  purity  of  the  drinking  water  either  of  that  city  or  of  some 
neighboring  city.  In  many  cities  the  annual  number  of  cases 
of  typhoid  fever  has  been  greatly  reduced  by  changing  the 
place  of  the  disposal  of  sewage. 


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THE  SETTLING  BASIN  NEAR  RICHMOND 
Here  the  muddy  water  of  the  James  River  is  cleared  before  being  distributed  to 

the  homes  of  the  people 


PROTECTION  AGAINST  IMPURE  MILK  AND 
FOODS.  For  the  most  part  there  is  really  no  reason  why  the 
people  who  live  in  farming  communities  should  run  any  great 
risk  of  endangering  their  health  by  the  use  of  milk  and  foods 
.that  are  impure.  With  the  people  of  cities,  however,  it  is 
quite  otherwise.  They  are  dependent  upon  others  to  supply 
them  with  these  things.     Unless  the  government  undertakes 


26    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

to  protect  them,  they  are  more  or  less  helpless  to  protect  them- 
selves. For  example,  those  who  furnish  them  with  milk 
may  have  diluted  it  with  water  or  may  have  used  injurious 
chemicals  to  prevent  the  milk  from  spoiling.  Moreover,  the 
milk  may  have  been  handled  in  unclean  dairies.  It  is  possible, 
also,  to  handle  meats  and  vegetables  in  such  a  way  that  they 
are  not  actually  fit  to  be  used  as  foods.  Again,  a  considerable 
part  of  the  foods  that  are  used  by  the  people  are  now  supplied 
to  them  in  cans  and  in  sealed  packages;  and  it  is  often  im- 
possible to  tell  the  quality  and  cleanliness  of  such  foods  by 
merely  looking  at  them.  The  government  attempts  in  many 
ways  to  regulate  the  quality  of  the  milk  and  the  foods  that  are 
sold  to  the  people  of  the  state.  It  provides  inspection  for 
dairies,  creameries,  stables,  and  cows.  Its  officers  inspect 
also  such  places  as  restaurants,  bakeries,  meat  markets,  and 
slaughter  houses.  Samples  of  canned  and  package  foods  are 
collected  and  analyzed.  E\"en  feeds  for  stock  are  examined 
by  officers  of  the  government. 

PROTECTION  AGAINST  UNTRAINED  PHYSI- 
CIANS AND  PHARMACISTS.  When  a  person  becomes 
ill  it  is  usually  necessary  for  him  to  have  proper  medicines 
and  medical  attention.  It  is  easy  to  see  the  danger  that  would 
arise  if  everyone  who  wished  to  become  a  physician  or  pharma- 
cist were  permitted  to  do  so.  Ignorant  persons  would  be  con- 
stantly furnishing  medicine  to  those  who  are  in  need  of  trained 
assistance.  In  order  to  provide  against  this  danger  the  gov- 
ernment requires  that  every  person  who  wishes  to  practise 
medicine  or  pharmacy  shall  pass  certain  examinations  to 
pro\e  his  knowledge  and  ability. 

PROTECTION  AGAINST  INTOXICA  TING  LIQUORS. 
The  use  of  intoxicating  liquors  is  today  recognized  to  be 
dangerous  to  the  health  of  those  who  use  them,  as  well  as  pro- 
ductive of  other  unhappy  consequences.  For  a  long  time 
the  government  has  undertaken  to  regulate  the  sale  of  in- 
toxicating   liquors    to    some    extent.     Formerly    in    Virginia 


THE  HEALTH  OF  THE  PEOPLE 


27 


each  community  was  permitted  to  decide  by  a  vote  of  its 
people  whether  liquors  should  or  should  not  be  sold  in  the 
community.  More  recently,  however,  the  people  of  Virginia 
voted  that  no  liquor  should  be  sold  in  the  state.  On  Novem- 
ber 1,  1916,  all  saloons  were  closed.  After  the  United  States 
entered  the  World  War  in  1917,  the  sale  of  liquor  was  pro- 
hibited throughout  the  country  as  a  war  measure.  And  in 
January,  1920,  national  prohibition  became  permanent. 


A  COTTON  MILL  AT  DANVILLE,  VIRGINIA 
Showing  a  modern  factory  built  with  due  regard  for  light,  air-space,  ventilation 

and  attractive  appearance 


SPECIAL  PROTECTION  OF  THE  HEALTH  OF  PER- 
SONS EMPLO  YED  IN  IND  USTR  Y.  I  n  \^irginia  the  gov- 
ernment has  taken  certain  steps  looking  to  the  protection  of 
the  health  of  persons  who  labor  in  factories,  mines,  and  other 
industries.  For  example,  the  government  has  limited  the 
number  of  hours  per  day  during  which  women,  and  children 
under  sixteen  years  of  age,  may  be  employed.     The  employ- 


28    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

ment  in  certain  industries  of  children  under  fourteen  has 
been  prohibited  entirely.  Employers  are  also  required  to  pro- 
vide proper  light,  ventilation,  and  sanitary  arrangements  in 
their  cstalilishmcnts.  The  government  regulates  matters  of 
this  kind  because  those  who  are  employed  are  often  unable  to 
protect  themselves  against  employers  who,  either  from  in- 
difference or  because  of  their  unwillingness  to  spend  a  little 
money,  require  those  who  work  for  them  to  labor  in  unhealth- 


A  DUMP  ON  THE  OUTSKIRTS  OF  A  CITY 
Where  ashes  and  rubbish  are  used  to  fill  up  a  ravine 


ful  surroundings.  The  government  has  also  established  a 
plan  under  which  employers  are  required  to  pay  compensation 
for  injuries  to  workmen  and  for  deaths  that  result  from  acci- 
dents in  industry.  In  these  and  other  ways  does  the  govern- 
ment afford  protection  to  industrial  laborers. 

ADDITIONAL  PROTECTION  OF  HEALTH  IN 
CITIES.  In  many  ways  the  government  is  compelled  to 
take  special  precautions  for  the  protection  of  the  health  of 
those  who  live  in  cities.     The  streets  must  be  cleaned  and  in 


THE  HEALTH  OF  THE  PEOPLE       2^ 

the  summer  time  they  must  be  watered  to  keep  down  the 
dust.  Sewers  must  be  provided  to  carry  the  rain  water  off 
the  streets.  Garbage  and  refuse  must  be  carted  away  from 
the  homes  of  the  people.  A  sewer  system  must  be  provided 
in  order  that  sewage  may  be  carried  from  the  homes  of  the 
people  through  mains  and  pipes  laid  under  the  streets.  The 
government  also  often  regulates  and  inspects  the  plumbing 
in  houses,  because  diseases  have  often  been  traced  to  the  gases- 
that  are  caused  by  bad  connections  with  the  sewer  system. 
In  cities,  moreoever,  the  government  will  not  permit  a  person 
to  endanger  the  health  of  others  by  maintaining  what  is. 
known  as  a  nuisance.  For  example,  a  person  cannot  keep  hi& 
stable  in  a  filthy  condition.  Nor  can  he  maintain  a  slaughter 
house  or  a  fertilizer  factory  in  a  residence  district. 

In  numerous  other  ways  does  the  government  attempt  to- 
promote  and  protect  the  health  of  the  people  who  live  in 
cities.  As  we  have  already  had  occasion  to  note,  this  is  be- 
cause the  people  in  cities  live  so  close  together  that  the  acts- 
of  one  person  are  very  apt  to  endanger  the  health  of  others, 
in  a  community. 

CLASS  EXERCISES 

1 .  What  means  are  provided  in  your  school  for  the  protection  of  health?' 
How  is  your  schoolroom  ventilated,  and  why?  How  is  it  heated?  Is  it- 
well  lighted?  Do  the  school  authorities  require  you  to  be  vaccinated? 
Where  does  your  drinking  water  come  from?  When  are  children  prevented 
from  attending  school  on  account  of  disease?  Who  prevents  them,  and 
why? 

2.  What  measures  does  your  city  take  to  make  the  community  more 
healthful?  Is  there  a  sewerage  system?  Are  the  streets  kept  clean? 
Are  contagious  diseases  quarantined?  What  about  the  drinking  water? 
The  garbage?  Find  out,  if  you  can,  what  measures  are  taken  to  protect- 
you  against  impure  milk  and  foods.  Are  the  dairies  and  creameries, 
slaughter  houses,  butcher  shops  and  markets  inspected  by  the  government? 

3.  Why  is  the  sale  of  intoxicating  Liquors  prohibited? 

4.  Ask  some  manufacturer  what  measures  the  government  require* 
him  to  take  to  protect  the  health  of  his  employes. 


CHAPTER  V 
THE  PROPERTY  OF  THE  PEOPLE 

THE  MEANING  OF  PROPERTY.  It  was  pointed  out 
in  the  first  chapter  that  nearly  everybody  desires  to  earn 
money  in  order  that  he  may  purchase  things  which  he  needs 
to  make  him  and  his  family  comfortable.  We  all  know  that 
the  land  and  houses  in  the  community  are  owned  by  certain 
indi\iduals  who  have  usually  either  earned  money  and  bought 
this  property  or  have  inherited  it  from  others.  The  land  and 
houses  are  the  property  of  the  persons  who  own  them;  but 
they  are  not  the  only  kind  of  property.  People  also  own 
property  that  can  be  moved  around,  such  as  horses  and  cattle, 
clothing  and  jewelry,  books  and  furniture.  Indeed  money 
itself  is  only  a  special  kind  of  property,  because,  as  everybody 
knows,  we  can  exchange  money  for  various  kinds  of  property. 

Everybody  who  owns  property  has  the  right  to  be  protected 
in  it,  and  the  government  helps  in  many  ways  to  furnish  us 
w  ith  the  protection  which  we  need  in  this  matter. 

PROTECTION  OF  LANDS  AND  BUILDINGS.  Of 
course  it  is  usually  impossible  for  one  person  to  steal  the  land 
or  the  house  that  belongs  to  another,  for  it  is  impossible  to 
hide  such  things  or  to  carry  them  away.  Sometimes,  how- 
ever, two  or  more  persons  each  claim  a  certain  piece  of  land  or 
a  certain  house.  The  government  assists  in  settling  disputes 
of  this  kind  by  providing  that  whenever  a  piece  of  land  is  sold 
or  given  by  one  person  to  another,  this  fact  shall  be  recorded 
in  an  office  which  the  government  provides.  The  property 
that  is  thus  sold  or  transferred  must  be  accurately  described 
in  this  record  which  the  government  keeps.  This  system  of 
recording  transfers  of  land  and  houses  does  not  always  pre- 
vent disputes  as  to  ownership;  but  if  the  government  did  not 

30 


THE  PROPERTY  OF  THE  PEOPLE 


31 


provide  some  such  system,  it  is  certain  that  such  disputes 
would  be  far  more  numerous  than  they  are. 

PROTECTION  OF  PROPERTY  AGAINST  ROBBERY. 
In  every  community  there  are  usually  a  few  people  who  have 
no  regard  for  the  property  rights  of  others.  They  cannot 
ordinarily  steal  lands  and  buildings,  but  they  can  steal  other 
forms  of  property;  and  they  do  not  hesitate  to  do  so  whenever 
it  is  possible.  The  same  officers  that  protect  persons  against 
the  violence  of  others — the  constables,  the  sheriff,  and  the 
police — are  also  required  to  protect  property  from  thieves. 


A  MOTOR  HOOK-AND-LADDER  TRUCK 

In  spite  of  the  watchfulness  of  these  officers,  and  especially 
of  the  police  in  cities,  and  in  spite  of  the  fact  that  every  person, 
whether  in  a  city  or  in  a  farming  community,  has  the  right  to 
protect  his  own  property  from  burglars  if  he  is  able  to  do  so, 
robberies  are  sometimes  committed.  The  government  then 
makes  every  effort  to  arrest  the  robber  and  bring  him  to 
punishment  and  i^  possible  to  restore  the  stolen  goods  to  its 
owner. 


32    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

It  must  not  be  thought  that  those  who  break  into  other  peo- 
ple's houses  are  the  only  thieves  that  there  are.  Sometimes- 
men  in  high  positions,  who  are  greatly  respected  in  the  com- 
munity, yield  to  the  temptation  to  steal  money  which  happens 
to  be  in  their  care  but  which  belongs  to  others.  These  men 
are  even  worse  than  common  thieves,  for  they  have  usually 
had  better  opportunities  and  better  training.  The  govern- 
ment, of  course,  provides  for  their  punishment. 

PROTECTION  OF  PROPERTY  AGAINST  FIRE.  It  is 
the  duty  of  every  person  to  use  precautions  to  prevent  the 
starting  of  fires.  In  spite  of  such  precautions,  fires  sometimes 
occur.  In  farming  communities  it  is  manifestly  impossible 
for  the  government  to  provide  any  protection  against  fires. 
But  in  the  larger  cities  the  government  establishes  organized 
fire  departments,  with  fire  engines,  hose  wagons,  and  hook- 
and-Iadder  wagons,  and  with  a  force  of  firemen  to  operate 
this  apparatus.  At  various  places  throughout  the  city  there 
are  call  boxes  at  which  a  fire  alarm  may  be  turned  in.  This 
notifies  the  fire  department  that  a  fire  has  started  in  a  cer- 
tain section  of  the  city.  Immediately  the  firemen  hasten  to- 
the  scene  of  the  fire  and  use  every  effort  to  put  it  out.  On  the 
street  corners  there  are  plugs  to  which  hose  can  be  attached, 
and  the  fire  engines  pump  strong  streams  of  water  that  are 
thrown  upon  the  burning  building.  In  this  way  does  the 
government  seek  to  protect  the  property  of  the  people  from 
destruction  by  fires.  An  efficient  fire  department  is  very 
necessary  in  every  city,  for,  since  the  houses  are  built  close 
together,  it  might  easily  happen  that  a  fire  that  started  in  one 
person's  house  would  spread  rapidly  and  destroy  the  property 
of  many  other  persons. 

f-Tn  villages  and  small  cities  the  government  itself  does  not 
often  maintain  a  regular  fire  department.  Instead  of  this,  a 
number  of  men  in  the  community  usually  band  together  in 
volunteer  organizations.  These  organizations  purchase  hose 
and  other  equipment  for  the  purpose  of  fighting  fires.     Such. 


THE  PROPERTY  OF  THE  PEOPLE 


33 


organizations  should  be  heartily  supported  by  the  people  of 
these  communities,  for  they  really  take  the  place  of  the  gov- 
ernment itself  in  performing  this  service. 

THE  RIGHTS  OF  THE  CO  AIM  UNITY  IN  THE  PROP- 
ERTY OF  INDIVIDUALS.  In  a  general  way  we  may  do 
whatever  we  choose  with  our  property  so  long  as  we  obey  the 
laws  of  the  community.  But,  as  we  have  seen,  the  govern- 
ment, in  the  interest  of  the  entire  community,  regulates  in  a 
number  of  ways  the  uses  to  which  we  may  put  our  property. 


AN  ELECTRIC  LINE  RUNNING  BETWEEN  RICHMOND  AND  ASHLAND 
This  is  one  of  the  many  railways  that  are  regulated  by  the  government 

In  farming  communities,  for  example,  the  government  often 
requires  that  the  individual  shall  erect  fences  to  prevent  his 
cattle  from  straying  on  other  people's  land.  In  cities  the 
government  prevents  a  person  from  using  his  property  for 
carrying  on  an  objectionable  business  in  the  midst  of  the 
homes  of  the  people.  Frequently,  also,  the  government  pro- 
hibits the  erection  of  a  wooden  building  in  the  heart  of  the 
city  in  order  to  lessen  the  danger  from  fires.     In  most  cities. 


34    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

also,  the  government  imposes  certain  regulations  upon  the  con- 
struction of  buildings  in  order  to  insure  their  safety.  Again, 
if  a  person  digs  a  hole  upon  his  property  close  to  a  city  street 
he  is  required  to  protect  it  so  as  not  to  endanger  the  lives  of 
those  who  are  using  the  street.  In  this  and  many  other  ways 
the  government  places  restrictions  upon  the  uses  of  private 
property. 

Further  than  this,  the  government  reserves  the  right  to 
take  our  property  entirely  from  us  whenever  this  property  is 
needed  for  the  community  as  a  whole.  If,  for  example,  the 
government  wishes  tO  open  a  road  or  a  street  through  the 
property  we  own,  or  to  construct  a  park  or  a  school  or  other 
public  building  upon  our  property,  the  government  has  the 
power  to  take  this  property  from  us  in  case  we  refuse  to  sell  it. 
In  such  instances  the  government  is  required  to  pay  us  a  just 
amount  of  money  for  the  property  that  is  taken.  This  power 
of  the  government  to  take  a  man's  property  from  him  is  called 
the  power  of  eminent  domain.  The  government  often  confers 
this  power  upon  railroad  companies  so  that  individual  owners 
of  property  may  not,  by  refusing  to  sell,  stand  in  the  way  of 
the  building  of  a  railroad. 

The  government  also  takes  property  away  from  the  people 
of  the  community  in  the  form  of  the  taxes,  which  must  be  col- 
lected for  the  support  of  the  government.  The  individual 
who  pays  taxes  receives  compensation  only  in  the  form  of  the 
many  things  which  the  government  does  for  the  community 
as  a  whole.     (See  Chapter  XVII.) 

SPECIAL  RIGHTS  OF  THE  COMMUNITY  IN  CER- 
TAIN KINDS  OF  PROPERTY.  The  people  as  a  whole 
are  peculiarly  dependent  upon  some  of  the  property  that  is 
owned  by  private  persons.  We  as  individuals  are  not  often 
dependent  in  any  unusual  way  upon  the  property  which  an- 
other person  may  own  in  a  shoe  store  or  a  dry-goods  store. 
If  we  cannot  be  suited  at  one  such  store  we  go  to  another,  or 
"we  order  our  snoes  or  our  dry-goods  from  a  distant  city.     But 


THE  PROPERTY  OF  THE  PEOPLE      35 

when  we  desire  to  go  on  a  journey,  we  are  dependent  upon  the 
property  which  other  persons  own  in  a  railroad;  for  there  is 
often  only  one  railroad  that  we  can  make  use  of.  So  also  we 
are  usually  dependent  in  a  peculiar  way  upon  the  property 
which  other  people  own  in  a  telephone  or  telegraph  company. 
The  people  of  cities  are  likewise  dependent  upon  the  property 
of  street  car  companies,  and  of  water,  gas,  and  electric  light 
companies;  for  more  often  than  not  there  is  only  one  company 
that  supplies  each  of  these  services  to  the  community. 

Now  in  some  instances  the  government  itself  owns  the  water- 
works, the  gas  works,  or  the  electric  plant.     But  this  is  not 
always  the  case.     Moreover,  in  no  community  in  Virginia 
does  the  government  own  the  railroads,  the  telephone  and  tele- 
graph services,  or  the  street  cars.     These  are  owned  by  private 
persons  who  seek  to  make  as  much  money  as  possible  out  of 
them.     The  government  recognizes,  however,  that  the  people 
have  a  very  special  interest  in  the  property  that  is  used  in 
these  various  services.     It  reserves  the  right,  therefore,  to 
regulate  property  of  this  kind  in  a  special' way.     Thus  the 
government  usually  fixes  the  rates  that  may  be  charged  by  the 
persons  who  furnish  these  services  and  imposes  many  require- 
ments upon  them  in  the  interest  of  the  comfort  and  con- 
venience of  the  public.     The  government  cannot,  however,^ 
deprive  them  of  the  right  to  earn  a  reasonable  income  from 
the  property  in  which  they  have  invested  their  money. 
'^HOW  THE  GOVERNMENT  IMPROVES  THE  PROP- 
ERTY OF  THE  PEOPLE.     It  is,  of  course,  the  business  of 
every  person  who  owns  property  to  do  whatever  he  can  to  in- 
crease its  value.     To  this  end  he  should  cultivate  his  property 
so  as  to  make  it  as  productive  as  possible.     If  he  owns  prop- 
erty in  a  city,  he  usually  erects  a  building  upon  it,  either  for 
his  own  home  or  business,  or  with  a  view  to  renting  the  build- 
ing to  some  other  person  for  profit.     The  government,  how- 
ever, also  does  many  things  which  increase  the  value  of  the 
property  owned   by   individuals.     When,   for   example,    the 


36    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

government  constructs  a  road,  or  grades  and  paves  a  street,  or 
lays  out  and  beautifies  a  park,  the  adjacent  property  is  often 
made  more  valuable  by  reason  of  this  improvement.  Be- 
cause of  this  fact  the  government  sometimes  requires  the 
owners  of  the  adjacent  property  to  pay  the  whole  or  a  part  of 
the  cost  of  such  improvements.  When  the  government  makes 
charges  of  this  kind  against  the  owners  of  private  property, 
these  charges  are  known  as  "special  assessments."  If  a  per- 
son's property  is  increased  in  value  because  of  some  improve- 
ment undertaken  by  the  government,  it  seems  only  fair  and 
just  that  he  should  pay  for  that  increase  of  value,  even  though 
the  improvement  is  also  of  benefit  to  other  people  in  the 
community. 

THE  PROPERTY  OF  THE  GOVERNMENT.  In  every 
community  the  government  itself  owns  some  of  the  property. 
Thus  the  rivers,  most  of  the  roads,  and  many  of  the  bridges 
belong  to  the  government.  So  also  in  cities  the  government 
owns  the  streets,  the  alleys,  and  the  parks.  Moreover,  the 
government  owns  certain  public  buildings,  such  as  school- 
houses,  courthouses,  jails  and  prisons,  poorhouses,  city  halls, 
and  public  libraries.  The  property  which  the  government 
owns  really  belongs  to  the  entire  community,  for  it  is  used  for 
the  benefit  of  all  of  the  people. 

CLASS  EXERCISES 

1.  Mention  some  of  the  property  that  you  possess  in  the  schoolroom. 
How  docs  this  property  help  you?  Mention  some  of  the  property  owned 
by  the  school.  How  does  this  property  assist  you?  Who  supplies  the 
school  property?  Are  you  protected  in  the  possession  of  your  books  and 
pencils?     Who  protects  you? 

2.  Is  money  property?  Why?  What  business  is  your  father  engaged 
in?  Why  does  he  engage  in  business?  Mention  some  of  the  property  in 
your  home.     To  whom  does  it  belong? 

3.  Who  owns  the  land  in  your  community?  How  may  one  man  trans- 
fer a  piece  of  land  to  another?  In  case  of  dispute  over  the  ownership  of  a 
piece  of  land,  who  settles  it? 


THE  PROPERTY  OF  THE  PEOPLE  37 

4.  What  means  does  your  community  afford  for  protection  against 
burglaries?     Who  arrests  the  burglar  and  what  is  done  with  him?     Why, 
do  police  patrol  the  city  streets?     \\'hy  are  streets  lighted?     Why  is 
there  no  patrol  in  the  country  districts?     How  is  the  police  force  organized? 

5.  Find  out  what  you  can  about  the  fire  department  in  your  com- 
munity. What  is  its  purpose?  Who  supports  it?  Have  you  ever  seen 
a  large  fire?  How  is  an  alarm  turned  in?  Explain  how  the  department 
operates.     Why  are  there  no  fire  departments  in  farming  communities? 

6.  What  are  some  of  the  ways  in  which  the  government  restricts  us 
in  the  use  of  our  property?     Why  are  these  restrictions  imposed? 

7.  Why  does  the  government  impose  special  restrictions  upon  the  i)er- 
sons  who  own  the  railways,  and  the  telegraph,  telephone,  water,  gas, 
and  electric  light  services? 

8.  Do  you  remember  a  road  or  street  ever  being  opened  in  your  com- 
munity across  some  man's  property?  Or  do  you  remember  a  school- 
house  or  other  public  building  ever  being  built?  If  you  do  not  know  of 
any  such  instance,  perhaps  your  parents  or  teacher  can  tell  you  of  one. 
Who  opened  this  road  or  street?  Or  who  built  this  building?  How  did 
the  government  get  the  property?  V/as  the  former  owner  justly  paid? 
What  is  this  power  of  the  government  to  take  property  called? 

9.  What  property  does  the  government  own  in  your  community?  How- 
did  the  government  get  it?  Why  is  this  property  owned  by  the  govern- 
ment? 


459971 


CHAPTER  VI 
THE  FARMS  OF  THE  PEOPLE 

PROMOTION  OF  AGRICULTURAL  INTERESTS.  In 
view  of  the  fact  that  so  large  a  part  of  the  people  of  Virginia 
live  in  farming  communities,  it  is  not  surprising  that  the  gov- 
ernment should  undertake  to  assist  in  developing  the  agri 
cultural  interests  of  the  people.  In  rnany  wa>^  the  govern- 
ment endeavors  to  extend  protection  to  farmers  and  to  fur- 
nish them  with  much  valuable  information  and  assistance. 

INSPECTION  OF  FERTILIZERS.  Every  farmer  is 
dependent  upon  good  fertilizers.  It  is  not  always  possible, 
however,  for  the  farmer  to  tell  whether  the  fertilizer  that  is 
offered  to  him  contains  the  things  that  his  soil  needs  or  the 
things  that  are  claimed  for  it  by  the  fertilizer  manufacturer. 
This  requires  a  chemical  analysis  which  the  farmer  is  not  often 
able  to  make.  In  order  to  protect  farmers  against  dishonesty 
in  the  matter  of  fertilizers  the  government  provides  inspectors 
who  secure  samples  of  fertilizers  in  various  parts  of  the  state 
and  forward  them  to  Richmond  for  examination.  The 
farmers  themselves  may  also  require  that  samples  be  sent  on 
for  examination.  If  upon  examination  the  government  finds 
that  a  sample  does  not  come  up  to  the  claims  of  the  manu- 
facturer, the  manufacturer  may  be  punished,  and  the  farmer 
who  has  purchased  any  of  the  fertilizer  in  question  may  re- 
cover the  amount  that  he  paid  out. 

SEED  INSPECTION.  The  government  requires  that 
those  who  sell  seed  to  farmers  shall  mark  the  packages  con- 
taining the  seeds  so  as  to  indicate  their  quality-.  Any  farmer 
may  send  to  Richmond  a  sample  of  seeds  which  he  is  about 
to  purchase  and  have  them  examined.  Moreover,  the  officers 
of  the  government  themselves  take  samples  of  seeds  in  various 

38 


I.* 


HENRICO 


■1  iiT?'* 


GIRLS'  CANNING  CLUBS  EXHIBIT  AT  THE  STATE  FAIR 


BOYS'  CORN  CLUB  PRIZE  WINNERS  IN  PITTSYLVANIA  COUNTY 


40    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 


parts  of  the  State  and  analyze  them  to  discover  impurities 
and  weed  seeds. 

PROTECTION  AGAINST  CROP  PESTS.  The  govern- 
ment undertakes  to  furnish  information  to  farmers  on  the 
subject  of  insects  and  other  pests  that  attack  orchard  trees 
and  crops.  Inspectors  are  also  appointed  and  are  given  the 
power  to  destroy  any  pest  that  is  about  to  gain  headway 


STATE  LIME   QUARRY,   STAUNTON,   VIRGINIA 
The  agricultural  lime  taken  from  this  quarry  is  sold  to  V'irginia  farmers  at  cost 

in  this  or  that  farming  community.  The  government  also 
inspects  and  regulates  the  nurseries  at  which  orchard  trees 
are  grown  for  sale. 

PROTECTION  AGAINST  DISEASES  TO  CATTLE. 
The  government  maintains  at  Blacksburg  an  officer  known  as 
the  State  Veterinarian  whose  duty  it  is  to  furnish  informa- 
tion on  the  subject  of  diseases  of  cattle.  He  has  the  power  to 
make  inspections  and  in  case  he  discovers  an  infectious  dis- 


THE  FARMS  OF  THE  PEOPLE 


41 


ease  he  may  establish  a  local  quarantine  to  prevent  the  spread 
of  the  disease  to  other  cattle  in  the  community  or  to  other 
parts  of  the  state.  The  railroad  companies  are  also  required 
by  the  government  to  clean  and  disinfect  cattle  cars,  in  order 
to  prevent  the  possible  spread  of  cattle  diseases. 

EXPERIMENTAL  FARMS.  At  Blacksburg  in  connec- 
tion with  the  Virginia  Polytechnic  Institute  there  is  main- 
tained what  is  known  as  the  State  Experiment  Station.  This 
station  is  used  for  the  purpose  of  making  investigations  into 
the  various  kinds  of  seeds,  fertilizers,  soils,  and  methods  of 
cultivation,  in  order  that  farmers  may  receive  reliable  informa- 


A  FARMERS'  INSTITUTE  TRAIN 

tion  and  instruction  upon  these  subjects.  In  addition  to  this 
important  station,  experiment  stations  are  also  conducted 
under  government  control  at  Appomattox,  Axton,  Bowling 
Green,  Chatham,  Louisa,  Rustsberg,  Saxe,  Norfolk,  and 
Staunton.  A  large  amount  of  valuable  information  is  gath- 
ered from  the  experiments  that  are  conducted  at  these  stations. 
This  information  is  furnished  to  the  farmers  who  are  interested 
in  improving  their  methods  of  cultivation. 


42    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

AGRICULTURAL  SCHOOLS.  The  Virginia  Agricultural 
and  Polytechnic  Institute  located  at  Blacksburg  offers  to  the 
young  men  of  Virginia  the  opportunity  to  secure  a  four-year 
college  course  in  agriculture.  It  also  conducts  in  the  winter 
season  a  brief  course  of  six  weeks  for  practical  farmers.  This 
Institute  is  supported  by  the  government.  Teachers  are  also 
sent  out  from  this  Institute  to  conduct  what  are  known  as 
"movable  schools  of  agriculture,"  which  last  from  three  to 
ten  days,  and  to  carry  on  demonstration  work  on  experi- 
mental plots  in  all  parts  of  the  state.  In  the  spring  and 
autumn  the  government  also  sends  lecturers  on  special  trains 
throughout  the  state  to  address  farmers  on  subjects  of  in- 
terest to  them. 

In  each  of  the  ten  congressional  districts  of  the  state  the 
government  maintains  an  agricultural  and  industrial  depart- 
ment in  at  least  one  high  school.  The  government  also 
supervises  "boys'  corn  clubs"  and  "girls'  canning  clubs"  in 
connection  with  the  work  of  the  national  Department  of  Agri- 
culture at  Washington. 

CLASS  EXERCISES 

1 .  If  you  live  in  a  farming  community  find  out  how  the  farmers  know 
that  the  fertilizer  which  they  buy  has  been  inspected  by  the  government. 
Find  out  whether  the  farmers  in  your  conmumity  ever  have  the  seeds 
which  they  purchase  examined  by  the  government.  If  so,  find  out  what 
has  been  the  result  of  these  examinations. 

2.  Has  there  ever  been  an  ejndeniic  of  disease  among  cattle  in  your 
community?  If  so,  what  did  the  government  do  to  prevent  the  spread 
of  such  disease? 

3.  If  there  is  an  agricultural  experiment  station  near  you  find  out, 
if  you  can,  what  work  it  is  doing.  Has  there  ever  been  in  your  community 
a  movable  school  of  agriculture  or  a  farmers'  institute  train?  Or  has  the 
government  carried  on  any  demonstration  work?  If  so,  find  out,  if  you 
can,  about  these  activities  of  the  government. 


CHAPTER  VII 
THE  SCHOOLS  OF  THE  PEOPLE 

THE  REASON  FOR  PUBLIC  SCHOOLS.  Back  in  the 
year  1671  Governor  Berkeley  of  Virginia  wrote:  "I  thank  God 
there  are  no  free  schools  or  printirig  presses  and  I  hope  we 
shall  not  have  any  these  hundred  years."  What  did  he  mean 
by  this  astounding  remark?  He  meant  simply  this — that 
people  can  be  subjected  to  tyranny  and  oppression  by  the 
government  only  when  they  are  kept  ignorant.  Whenever 
people  begin  to  read  and  study  and  to  think  for  themselves, 
they  begin  to  understand  that  they  have  certain  rights  which 
have  to  be  protected.  They  then  realize  that  they  are  capable 
of  governing  themselves  and  of  determining,  through  the  gov- 
ernment which  they  themselves  establish,  what  right  sthey  wish 
to  enjoy  as  individuals,  and  what  services  their  government 
shall  provide  for  the  community  as  a  whole. 

THE  HISTORY  OF  THE  PUBLIC  SCHOOLS  IN  VIR- 
GINIA .  Of  all  the  statesmen  who  helped  to  found  the  Ameri- 
can nation,  Thomas  Jefferson  had  perhaps  the  greatest  faith 
in  the  ability  of  the  people  to  govern  themselves.  He  realized, 
however,  that  it  was  absolutely  necessary  that  the  masses 
of  the  people  should  be  provided  with  means  by  which  they 
might  improve  their  intelligence.  He  early  proposed,  there- 
fore, that  both  primary  and  high  schools  should  be  established 
by  the  government  throughout  the  State  of  Virginia,  and  that 
a  university  should  also  be  established  at  the  top  of  this  system 
of  free  education.     His  plan  was  never  fully  carried  out. 

As  early  as  1808  a  sum  of  money  known  as  the  Literary 
Fund  was  set  aside  by  the  government  of  Virginia  for  the  edu- 
cation of  the  poor  children  of  the  state.  It  was  not  a  large 
fund,  and  the  people  for  many  years  regarded  it  as  a  public 

43 


44    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

charity.  Even  when  they  were  too  poor  to  pay  for  the  edu- 
cation of  their  children,  many  of  them  were  too  proud  to 
accept  the  help  of  the  government.  With  the  money  from 
this  fund,  however,  as  well  as  with  money  contributed  by 
private  persons,  many  schools  were  established  in  Virginia. 
These  schools  were  known  as  "free"  schools  because  children 
could  attend  them  without  the  payment  of  tuition. 

It  was  only  after  the  War  Between  the  States  that  a  real 
system  of  public  education  was  established  in  Virginia.     The 


SUFFOLK  CITY  HIGH  SCHOOL 
A  splendid  modern  school  building 


old  free  schools  that  existed  in  various  parts  of  the  state  were 
made  a  part  of  the  present  system  when  it  was  first  established 
in  the  year  1870. 

The  northern  states  were  far  in  advance  of  Virginia  and  the 
other  southern  states  in  establishing  public  school  systems. 
There  were  two  principal  reasons  for  this.  In  the  first  place, 
the  people  of  the  northern  states  settled  for  the  most  part  on 
small  farms  in  communities  that  were  known  as  towns,  or 


THE  SCHOOLS  OF  THE  PEOPLE 


45 


townships.  They  Hvcd  fairly  close  together,  and  it  was 
comparatively  easy  for  the  children  to  attend  the  schools  that 
were  provided.  In  Virginia,  however,  the  people  settled  for 
the  most  part  on  large  plantations,  and  these  were  widely 
scattered  over  the  state.  Even  if  the  government  had,  in 
early  days,  attempted  to  establish  schools,  it  would  have  been 
difficult  for  the  children  in  the  outlying  districts  to  attend 
them.     This  was  one  of  the  reasons,  then,  why  the  establish- 


CHESTERFIELD  COUNTY  SCHOOL  BOARD  AT  LUNCHEON 
Served  by  the  domesf'c  science  class  of  the  Chester  Agricultural  High  School 


ment  of  systems  of  public  education  was  so  long  delayed  in 
the  South. 

In  the  second  place,  there  was  in  Virginia  and  the  rest  of 
the  South  a  large  population  of  negro  slaves.  This  fact 
caused  society  to  be  divided  into  three  classes.  There  was, 
first,  the  wealthy  class  of  land  owners  and  slave  owners,  to- 
gether 'A^'th  the  professional  men  of  the  state,   such  as  min- 


46    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

isters,  lawyers,  physicians,  and  office-holders.  Next,  there 
was  a  class  of  poor  white  people  consisting  of  mechanics, 
artisans,  and  laborers.  Last,  there  was  the  slave  population. 
Now  the  government  of  Virginia  was  almost  exclusively  in  the 
hands  of  the  wealthy  class.  The  people  of  this  class  had 
money  and  the  opportunity  to  provide  education  for  their 
children  by  other  means  than  at  the  expense  of  the  public. 
They  did  not,  therefore,  see  the  necessity  for  general  public 
education  in  order  that  all  the  people  might  share  in  the  con- 
duct of  the  government.     In  the  northern  states,  on  the  other 


A  "CONSOLIDATED"  SCHOOL  IN  HENRICO  COUNTY 
Showing  school  wagons  for  the  transportation  of  pupils 

hand,  there  were  few  negro  slaves,  and  society  was  not  divided 
so  strictly  into  classes.  This,  then,  was  another  reason  why 
the  people  of  the  South  failed  to  establish  systems  of  education 
at  an  early  date. 

PRIVATE  AND  PUBLIC  EDUCATION.  We  have 
long  since  ceased  to  regard  the  public  schools  as  a  charity 
established  by  the  government.  It  is  true  that  some  persons 
continue  to  pay  for  the  education  of  their  children  at  private 


THE  SCHOOLS  OF  THE  PEOPLE 


47 


schools.  But  many  persons  who  can  afford  to  pay  for  the 
education  of  their  children  nevertheless  prefer  to  send  them 
to  the  schools  provided  by  the  government.  It  is  for  each 
family  to  decide  whether  the  children  of  the  family  shall  re- 
ceive their  education  at  a  public  or  at  a  private  school.  The 
public  schools  are  open  to  the  children  of  the  community  re- 
gardless of  whether  their  parents  can  afford  to  pay  for  their 
education  or  not.  It  is  simply  a  fact  that  in  Virginia,  as  well 
as  throughout  the  United  States,  the  vast  majority  of  chil- 
dren attend  public  rather  than  private  schools. 


LOUISA   GRADED   AND  HIGH  SCHOOL 

It  is  the  duty  of  every  family  to  see  that  the  children  are 
sent  to  school,  even  though  they  may  sometimes  be  needed 
at  home.  Indeed,  with  some  exceptions,  the  government  abso- 
lutely requires  that  children  of  a  certain  age  shall  attend  some 
school,  either  public  or  private.  Laws  of  this  kind  are,  how- 
ever, very  difficult  to  enforce.  As  a  matter  of  fact,  such  laws 
ought  not  to  be  necessary.  The  duty  of  parents  in  this  matter 
is  so  clear  that  the  government  ought  not  to  be  under  obliga- 
tion to  compel  them  to  fulfill  this  duty. 


48    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

THE  IMPROVEMENT  OF  THE  P  UBLIC  SCHOOLS.  The 
building  up  of  an  adequate  school  system  by  the  government 
is  no  small  undertaking.  Year  by  year  the  schools  of  Virginia 
are  being  improved  in  many  ways.  It  is  the  intention  of  the 
government  to  place  within  easy  reach  of  every  child  in  the 
state  a  well  equipped  graded  school  and  to  establish  in  each 
county  at  least  one  high  school.  But  the  government  faces 
many  difficulties  in  accomplishing  this  object.  In  the  first 
place,  the  necessary  money  is  not  always  easy  to  secure. 
Some  communities  are  very  poor.     The  people  object  to  giving 


^ntn  1 


w^  imwm\ 


THREE-ROOM  GRADED  SCHOOL  FOR  COLORED  PUPILS,  NOTTOWAY 

COUNTY 

a  great  deal  of  money  for  the  establishment  and  support  of 
schools.  In  the  second  place,  the  children  who  live  in  farm- 
ing communities  are  often  widely  scattered.  In  order  for 
ever\-  child  to  have  a  school  in  his  immediate  neighborhood 
it  would  be  necessary  to  provide  a  very  large  number  of  small 
schools  with  poorly  paid  teachers.  In  recent  years  the  gov- 
ernment has  discontinued  many  small  schools  and  established 
in  their  place  a  single  conso'idated  school.  The  government 
has  then  provided  school  wagons  for  the  purpose  of  carrying 


THE  SCHOOLS  OF  THE  PEOPLE 


49 


the  children  to  and  from  their  homes.  These  consolidated 
schools  are  usually  far  superior  to  the  small  schools  which  they 
replace. 

Another  difficulty  which  the  government  has  to  face  in  the 
development  of  a  system  of  schools  is  due  to  the  fact  that  our 
population  is  divided  into  two  races.  There  must  be  separate 
schools  for  each  race,  and  the  expense  of  maintaining  schools 
is  thus  greatly  increased. 


OUTDOOR  CANNING  DEMONSTRATION 
Summer  Normal  School,   Harrisonburg,   Virginia 


In  spite  of  these  and  other  difficulties  which  the  government 
faces,  a  great  deal  has  been  accomplished  in  the  way  of  de- 
veloping the  public  schools  of  Virginia.  The  responsibility 
for  supporting  the  schools  rests  largely  upon  the  people  of 
each  community.  These  people  should  take  interest  and 
pride  in  the  proper  development  of  their  schools.  The  gov- 
ernment of  the  state  as  a  whole,  however,  recognizes  that  it 
must  assist  in  building  up  the  school  system.     Jt  therefore 


50   GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

appropriates  a  part  of  the  money  that  is  needed  for  the  main 
tenance  of  schools.  It  is  unnecessary  at  this  point  to  de- 
scribe how  the  school  system  is  organized  and  governed.  It 
is  sufficient  to  remark  that  in  very  many  ways  the  govern- 
ment attempts  to  arouse  the  interest  of  the  people  in  public 
education  and  exerts  its  constant  influence  for  the  improve- 
ment of  school  conditions. 


UNIVERSITY  OFVIRGINIA 
View  of  the  "Lawn,"  looking  toward  the  library 


THE  SCHOOLS  IN  CITIES.  In  cities  the  schools  are 
usually  better  equipped  than  they  are  in  farming  communities. 
This  is  due  in  part  to  the  fact  that  the  property  in  cities  is 
more  valuable  than  it  is  in  farming  communities  and  there 
are  more  wealthy  people.  It  is  easier,  therefore,  to  get  money 
for  the  support  of  the  schools.  Moreover,  because  of  the 
larger  number  of  children  who  live  close  together,  it  is  less 
difficult  to  establish  schools  within  walking  distance  of  the 


THE  SCHOOLS  OF  THE  PEOPLE 


51 


children.     In  every  city  it  is  possible  also  to  maintain  at  least 
one  high  school. 

GOVERNMENT  ASSISTANCE  FOR  HIGHER  EDU- 
CATION. In  addition  to  the  common  schools  and  high 
schools,  the  government  of  Virginia  makes  some  provision  for 
higher  education  in  colleges,  institutes,  and  universities.  The 
L^niversity  of  Virginia  at  Charlottesville  was  established  in 
1818,  through  the  efforts  of  Thomas  Jefferson,  and  was 
formally  opened  in  1825.     Every  boy  in  Virginia  can  secure 


A  VACATION  SUMMER  SCHOOL 


at  this  University  his  college  education  without  the  payment 
of  any  tuition.  At  Farmville,  Harrisonburg,  Fredericksburg, 
and  Radford  the  government  maintains  normal  schools  for 
the  education  of  women  who  expect  to  become  teachers.  The 
government  lends  its  support  also  to  the  Virginia  Military 
Institute  founded  at  Lexington  in  1839,  the  Virginia  Poly- 
technic Institute  founded  at  Blacksburg  in  1872,  William  and 
Mary  College  founded  at  WiUiamsburg  in  1693,  and  the  Medi- 
cal College  of  Virginia  at  Richmond.'    The  government  also 


52    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

maintains  for  the  colored  teachers  a  normal  and  indui-trial 
school  at  Petersburg.  For  the  education  of  the  deaf  and  the 
blind  the  government  has  established  a  school  for  white  people 
at  Staunton  and  one  for  colored  people  at  Newport  News. 

THE  SCnOOLIIOUSE  AND  THE  COMMUNITY.  It 
seems  unnecessary  to  dwell  upon  the  advantages  which  we  as 
individuals   derive   from    the   schools.     The   training  which 


*^    .■»t»?iiiiif*>Mj 


J 


STUDENTS  OF  VIRGINIA  POLYTECHNIC  INSTITUTE 
In  charge  of  prize  dairy  cows 

pupils  receive  in  the  schools  and  the  knowledge  which  they 
acquire  assist  them  in  countless  ways  toward  making  a  success 
of  their  lives.  The  schools  increase  our  usefulness  to  our- 
selves, our  families,  and  the  community  in  which  we  live. 
People  do  not  always  realize  that  the  prosperity  of  a  par- 
ticular community  is  often  advanced  by  a  good  school.  It  is 
a  fact,  however,  that  when  families  with  children  desire  to 


THE  SCHOOLS  OF  THE  PEOPLE 


53 


move  from  one  community  to  another,  they  are  often  very 
particular  to  inquire  about  the  school  facihties.  They  realize 
how  desirable  it  is  that  their  children  should  have  the  oppor- 
tunity of  attending  an  up-to-date  school;  and  they  are  un- 
willing to  make  their  home  in  any  place  where  this  opportunity 
is  denied  to  them. 

In  recent  years  a  movement  has  been  going  on  in  many  com- 
munities to  use  the  schoolhouses  not  only  for  the  teaching  of 
•children  but  also  for  other  community  or  neighborhood  pur- 


HANDLEY  PUBLIC  LIBRARY  AT  WINCHESTER,  VA. 

poses.  Since  the  schoolhouse  belongs  to  the  community, 
there  is  really  no  reason  why  the  grown  people  of  the  com- 
munity should  not  use  it  (outside  of  school  hours)  for  club 
meetings,  lectures,  and  other  community  gatherings  or  enter- 
tainments. In  some  communities  the  schoolhouse  has  become 
-a  center  in  which  various  community  activities  are  carried  on ; 


54    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

and  this  is  as  it  should  be.  In  a  few  cities  in  the  country  the 
experiment  has  been  tried  with  success  of  using  the  school- 
houses  for  polling  places  on  election  days — that  is,  places  at 
which  the  voters  of  the  community  may  go  to  cast  their  votes 
for  candidates  who  are  seeking  to  become  officers  of  the  gov- 
ernment. It  is  probable  that  in  the  course  of  time  many 
schoolhouses  will  be  constructed  with  a  view  to  their  being 
used  for  numerous  community  purposes  in  addition  to  teach- 
ing. 

LIBRARIES.  In  Richmond  there  is  a  large  library  owned 
and  supported  by  the  government  of  the  state.  This  library 
has  certain  collections  of  books  known  as  "traveling  libraries," 
which  are  sent  to  various  parts  of  the  state  for  temporary  use. 
Many  of  our  schools  have  established  small  libraries  to  be 
used  in  connection  with  school  work.  In  a  few  cities  also  the 
government  has  established  free  public  libraries.  In  Norfolk, 
for  example,  the  building  for  such  a  library  was  given  by  Mr. 
Andrew  Carnegie,  and  the  library  is  supported  at  the  expense 
of  the  city.  Of  course  it  is  very  nearly  impossible  for  the  gov- 
ernment to  establish  numerous  public  libraries  in  farming 
communities,  but  the  time  will  doubtless  com.e  when  prac- 
tically every  city  and  village  community  will  have  at  least  one 
public  library,  where  the  people  may,  without  the  payment 
of  any  fee,  secure  books  and  magazines  for  limited  periods  of 
time. 


CLASS  EXERCISES 

1.  What  evidences  are  there  in  your  community  that  the  government 
is  heli)ing  the  people  to  attain  knowledge?  Are  there  public  schools? 
Is  there  a  public  library?  Is  there  a  high  school?  A  public  institution  of 
higher  learning?     Have  j'ou  ever  seen  a  traveling  library? 

2.  Explain  how  your  life  in  the  school  corresponds  to  life  in  your  com- 
munity. What  constitutes  the  school  government?  Who  makes  and  who 
enforces  the  laws?  Do  you  see  how  your  school  training  will  help  to  make 
Vou  a  better  citizen?     In  what  way? 


THE  SCHOOLS  OF  THE  PEOPLE 


55 


3.  Do  the  people  in  Virginia  govern  themselves?  What  kind  of  gov- 
ernment is  this  called?  Why  is  education  necessary  for  people  who  govern 
themselves?     What  were  Thomas  Jefferson's  \news  about  this? 

4.  What  are  some  of  the  reasons  why  public  education  did  not  develop 
in  Virginia  before  the  war?     Why  did  it  develop  in  New  England? 

5.  Tell  what  you  know  of  the  school  system  of  your  community.  If 
there  is  no  high  school  near  you,  are  the  people  talking  of  building  one? 
Who  is  your  county  or  city  superintendent?  What  are  the  duties  of  the 
school  board?     Do  you  know  any  of  its  members? 

6.  Is  your  school  a  graded  or  an  imgraded  school?  Have  any  schools 
in  your  county  been  consolidated?  How  are  the  pupils  brought  to  the 
school?  Why  were  the  schools  consolidated?  If  you  are  a  pupil  in  a 
consolidated  school,  what  are  some  of  the  advantages  you  now  enjoy 
which  you  did  not  have  before? 

7.  Who  builds  and  pays  for  the  support  of  public  schools?  Why  does 
the  government  do  this?  Suppose  the  government  did  not  provide  schools, 
are  there  not  many  children  who  would  be  deprived  of  an  education? 

8.  In  what  ways  does  the  family  assist  in  education?  What  duty  in 
this  respect  do  parents  owe  their  children?  What  duty  in  this  respect  do 
you  as  pupils  owe  to  yourselves,  your  families,  and  your  community? 

9.  Is  your  schoolhouse  used  for  any  community  purpose  after  school 
hours?    Can  you  think  of  any  purpose  it  could  be  used  for? 


A  RURAL  SCHOOL  BASE  BALL  TEAM 


CHAPTER  VIII 
THE  ROADS,  STREETS,  AND  PARKS  OF  THE  PEOPLE 

THE  NECESSITY  FOR  GOOD  ROADS.  In  1790,  when 
Thomas  Jefferson  arrived  in  New  York  to  take  his  position  as 
Secretary  of  State  under  the  newly  formed  government  of  the 
United  States,  he  wrote  as  follows  to  a  friend  whom  he  had 
left  in  Virginia:  "I  arrived  here  on  the  21st  inst.,  after  as 
laborious  a  journey  of  a  fortnight  as  I  ever  went  through; 
resting  only  one  day  at  Alexandria,  and  another  day  at  Balti- 
more. I  found  my  carriage  and  horses  at  Alexandria,  but  a 
snow  eighteen  inches  deep  falling  the  same  night,  I  saw  the 
impossibility  of  getting  on  in  my  carriage,  so  I  left  it  there,  to 
be  sent  to  me  by  water,  and  had  my  horses  led  on  to  this 
place  [New  York],  taking  my  passage  in  the  stage,  however 
relieving  myself  a  little  sometimes  by  mounting  my  horse. 
The  roads  through  the  whole  way  were  so  bad  that  we  could 
never  get  more  than  3  miles  an  hour,  sometimes  not  more 
than  2,  and  in  the  night  but  1." 

In  this  day  of  speeding  railway  trains  and  other  con- 
veniences for  swift  transportation,  we  can  scarcely  appreciate 
the  difficulties  and  discomforts  of  travel  in  those  early  days. 
Thomas  Jefferson  took  fourteen  days  to  make  a  trip  from 
Richmond  to  New  York — a  journey  which  we  now  make  in 
about  half  as  many  hours. 

The  problem  of  building  and  maintaining  good  roads  is  one 
in  which  practically  everybody  has  a  direct  or  indirect  in- 
terest. In  farming  communities  this  interest  is  too  obvious 
to  require  mention.  Recently  many  people  who  live  in  cities 
have  become  directly  interested  in  the  country  roads  because 
the  automobile  is  now  so  extensively  used.  Aside  from  this, 
however,  the  people  of  cities  should  not  forget  that  they  are 

56 


ROADS,  STREETS,  AND  PARKS  57 

■dependent  upon  the  farmers  both  for  their  food  and  for  the 
raw  materials  which  they  use  in  their  factories.  Although 
it  is  true  that  most  of  the  food  and  raw  materials  are  carried 
to  the  cities  by  railroad  or  by  boat,  it  is  also  true  that  the  vast 
majority  of  these  products  have  to  be  hauled  over  country 
roads  before  they  reach  the  railway  depots  and  the  steamboat 
wharves. 

THE  GOVERNMENT  AND  THE  ROADS.  In  Jeffer- 
son's time  it  was  the  usual  custom  for  the  large  planters  to 
build  such  roads  as  they  needed.  At  best  these  roads  were 
of  very  crude  construction.  If  they  were  used  by  others,  a 
toll  was  charged.  Sometimes,  also,  private  companies, 
usually  known  as  turnpike  companies,  were  organized  to  con- 
struct and  maintain  roads.  These  companies  went  into  this 
business  for  the  purpose  of  making  money.  They  invariably 
collected  tolls  of  every  person  who  used  the  road  or  roads  which 
they  owned.  Long  ago,  however,  it  became  evident  that  the 
government  itself  would  have  to  undertake  the  construction 
of  roads  for  the  benefit  of  all  the  people  of  the  community. 
Even  after  the  counties  of  Mrginia  began  to  build  roads,  they 
usually  defrayed  all  or  a  part  of  the  expense  of  construction 
and  maintenance  by  charging  tolls.  This  toll  system  is  still 
followed  in  some  parts  of  the  state,  and  there  are  still  some 
private  roads. 

Another  plan,  adopted  at  a  later  date  in  Virginia,  was  that 
•of  requiring  every  able-bodied  man  who  resided  outside  of  a 
•city  or  village  to  work  on  the  roads  two  days  in  every  year. 
If  he  did  not  wish  to  perform  this  work,  he  could  pay  the 
government  a  sum  of  money  equal  to  a  laborer's  wages  for 
two  days.  This  plan,  which  existed  in  Virginia  for  many 
years,  was  not  a  great  success.  Some  people  have  the  idea 
that  anybody  can  construct  a  road.  In  point  of  fact  the  build- 
ing of  a  good  road  requires  the  skill  of  a  trained  engineer. 
Most  farmers  do  not  possess  this  training. 


58    GOVERXMENT  AND  POLITICS  IX  VIRGINIA 

Provision  is  now  made  by  which  the  government  of  Vir- 
tjinia  furnishes  a  competent  road  engineer  to  any  county  that 
desires  to  improve  its  roads.  The  government  also  furnishes 
a  force  of  laborers  made  up  of  convicts  from  the  state  peni- 
tentiary. The  state  government  also  appropriates  consider- 
able amounts  every  year  to  assist  the  counties  in  constructing 
an  approved  system  of  county  roads.  Where  the  state  gov- 
ernment lends  this  assistance,  it  pays  half  the  expenses  of 
construction.     The  counties  pay  the  other  half. 


AN  UNIMPROVED  ROAD  IN  Sl'OTTSYLVANIA  COUNTY,  VIRGINIA 


In  1918  there  was  established  a  "state  highway  system,"' 
consisting  of  a  number  of  important  routes  for  roads.  Many 
of  these  roads  run  entirely  across  the  state,  as  from  Washing- 
ton to  the  North  Carolina  line,  or  from  Virginia  Beach  to  the 
West  Virginia  line.  These  roads  are  being  constructed  by 
the  state  government.  They  are  paid  for  in  part  by  the  state 
government  and  in  part  by  the  national  government.  For 
Virginia,  like  the  other  states,  receives  federal  aid  for  road 


ROADS,  STREETS,  AND  PARKS 


59 


construction.  Convict  labor  is  also  used  on  these  state  high- 
ways. These  roads,  when  completed,  will  form  a  splendid 
system  of  through  highways. 

THE  APPEARANCE  OF  THE  ROADS.  The  govern- 
ment cannot  often  undertake  anything  more  than  the  laying 
down  of  the  roadbed  itself.  But  the  individuals  who  live  in 
farming  communities  can  themselves  do  many  things  to  im- 
prove the  appearance  of  the  roads.     For  one  thing  they  can 


SAME  ROAD  AS  SHOWN  ON  OPPOSITE  PAGE,  AFTER  IMPROVEMENT 


and  should  keep  the  weeds  cut  down  along  the  roadsides. 
•When  they  are  clearing  out  woods  to  secure  land  for  cultiva- 
tion, they  should  always  leave  trees  standing  at  the  road's 
edge.  Indeed  the  owners  of  farms  could  often  plant  trees 
along  hot  and  dreary  roads  with  excellent  results  to  their 
community  and  with  comparatively  little  expense  and  trouble 
to  themselves.  Many  farms  could  be  greatly  improved  in 
appearance  by  the  planting  of  vines  to  cover  unsightly  fences. 
It  seems  needless  to  say,  moreover,  that  well-painted  houses 


60    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

and  barns,  neatly  kept  barn-yards,  a  bit  of  well  ordered  lawn,, 
and  a  few  trees  and  flowers  contribute  not  only  to  the  happi- 
ness of  the  family  but  also  to  the  general  appearance  of  the 
community. 

Some  of  these  things,  which  add  to  the  attractiveness  of 
the  farm  community,  must  of  course  be  neglected  at  times 
because  of  the  lack  of  money.  But  many  of  them  cost  noth- 
ing more  than  a  little  thought  and  a  little  time.  When  they 
are  not  attended  to,  it  is  merely  because  of  thoughtlessness 


AN  ILL-KEPT  ROAD 
Showing  weeds  cut  from  the  sides  but  not  removed  from  the  roadbed 

or  indifference.  Naturally  the  government  does  not  compel 
us  to  improve  the  appearance  of  our  property.  We  can  let 
it  remain  as  shabby  as  we  choose.  But  everybody  ought  to 
realize  that,  aside  from  his  own  pleasure,  he  has  a  real  duty 
toward  his  community  in  respect  to  this  matter.  There  are 
probably  few  if  any  communities  in  the  entire  state  of  Virginia 
that  could  not  be  made  vastly  more  attractive  places  to  live 


ROADS,  STREETS,  AND  PARKS 


6t 


in,  if  every  body  would  do  for  his  own  property  only  so  much  as 
might  reasonably  be  expected  of  him. 

The  schoolhouses  themselves  are  usually  built  close  to  some 
road,  and  it  is  not  too  much  to  say  that  they  are  sometimes 
shamefully  neglected.  Even  if  the  school  building  is  a  homely 
one,  its  appearance  can  be  greatly  improved  by  the  planting 
of  a  few  trees  and  shrubs  and  flowers.  With  a  little  direction 
from  teachers  and  parents,  the  pupils  of  any  school  can  do 


A  WELL-KEPT  ROAD 
Notice  how  the  appearance  of  this  road  is  improved  by  trees 


much  to  improve  the  appearance  of  their  schoolhouse.  Espe- 
cially can  they  assist  by  refraining  from  injury  to  the  school 
property,  by  keeping  the  grounds  free  from  litter  and  rubbish, 
and  by  refusing  to  place  unsightly  pictures  and  writings  on 
walls  and  fences.  The  appearance  of  the  schoolhouse  and 
grounds,  no  matter  how  simple  and  plain  they  may  be,  ought 


<52    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

to  be  a  matter  of  individual  interest  and  pride  to  every  person 
in  the  community. 

THE  GOVERNMENT  AND  THE  CITY  STREETS.  In 
cities  the  government  has  many  obligations  toward  the 
streets.  In  the  first  place,  the  streets  are  either  laid  out  by 
the  government  itself  or,  if  laid  out  by  some  private  person 
upon  his  own  property,  they  must  be  approved  by  the  gov- 
ernment. Formerly  the  government  was  very  careless  in 
■determining  where  and  how  the  streets  should  run.  In  con- 
sequence the  streets  of  some  cities  are  very  badly  and  in- 
conveniently arranged.  In  recent  years  many  cities  have  been 
giving  careful  study  to  this  matter.  They  cannot  in  most 
instances  make  many  changes  in  existing  streets,  for  this  is  a 
costly  undertaking.  But  they  are  determined  that,  as  the 
city  grows,  new  streets  shall  be  opened  up  in  accordance  with 
a  carefully  designed  scheme  or  plan.  This  has  come  to  be 
known  as  "city  planning."        v. 

In  the  second  place,  the  government  undertakes  to  pave 
the  streets.  The  sidewalks  are  usually  paved  with  bricks  or 
with  concrete  made  of  crushed  stone,  sand,  and  cement. 
Many  of  the  roadways  of  the  streets  are  also  paved,  either 
with  stone  blocks,  or  with  brick,  or  with  asphalt,  which  is  a 
hard  substance  commonly  made  of  tar,  lime,  and  sand.  In 
selecting  the  pavement  for  a  street  roadway  the  government 
usually  considers  the  kind  of  traffic  for  which  the  street  is 
used.  In  residential  streets  sheet  asphalt  or  asphalt  blocks 
have  become  the  most  popular  paving ;  but  in  parts  of  the  busi- 
ness district,  where  the  streets  are  used  chiefly  by  heavy 
wagons  and  trucks,  stone  blocks  are  commonly  used.  In  all 
cases  culverts  are  provided  at  the  corners  so  that  the  streets 
may  be  drained  of  rain  water.  e 

In  the  third  place,  the  government  permits  the  streets  to  be 
used  for  other  purposes  than  walking  or  driving,  which  is  of 
course  their  chief  use.  Mains  and  pipes  are  laid  beneath  the 
surface  of  the  streets  in  order  that  water  and  gas  may  be  fur- 


ROADS,  STREETS,  AND  PARKS 


63 


nished  to  the  inhabitants  of  the  city,  and  in  order  that  sewage 
may  be  carried  off  from  their  homes.  The  government  also 
permits  street  car  companies  to  lay  tracks  on  certain  of  the 
streets,  while  telephone  and  telegraph  and  electric  lighting 
companies  are  allowed  to  erect  poles  and  string  wires  along  the 
streets.  As  we  have  seen,  however,  the  government  reserves 
the  right  to  regulate  the  business  of  these  companies  in  return 
for  the  special  privileges  they  enjoy,  and  it  usually  also  makes 
them  pay  for  the  use  which  they  make  of  the  streets. 


A  CONVICT  ROAD  CAMP 
In  such  camps  are  state  convicts  housed  while  they  are  engaged  in  road  con- 
struction 


THE  APPEARANCE  OF  THE  STREETS.  Just  as  it  is 
the  duty  of  the  people  who  live  in  farming  communities  to 
improve  the  appearance  of  their  property  along  the  roads,  so 
it  is  the  duty  of  city  residents  to  improve  their  property  along 
the  streets  and  thus  add  to  the  appearance  of  their  neighbor- 
hoods.    Whenever  a  person  improves  the  appearance  of  his 


64    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

own  home  or  yard,  he  serves  not  only  himself  but  also  his 
community.  The  streets  belong  to  everybody;  it  is,  there- 
fore, the  duty  of  everybody  to  assist  at  all  times  in  keeping- 
them  clean.  This  is  true  also  of  the  parks.  The  person  who 
scatters  papers  and  other  rubbish  in  the  streets  and  parks 
of  a  city  simply  ignores  a  plain  duty  which  he  owes  to  other 
people  who  reside  in  the  community  with  him.  In  many  cities 
the  government  provides  trash  boxes  on  street  corners  and  in 
the  parks,  and  the  persons  who  do  not  use  these  boxes  have  no 
excuse  for  throwing  rubbish  elsewhere. 

In  cities  the  government  itself  finds  it  possible  to  do  many 
things  to  increase  the  attractiveness  of  the  streets.  The 
paving  of  streets  has  already  been  mentioned.  In  addition 
to  this,  the  government  undertakes  to  keep  the  roadways  of 
streets  clean.  In  some  cities  this  is  accomplished  for  the  most 
part  at  night,  in  order  not  to  interfere  with  traffic,  and  in 
order  to  save  the  people  as  much  as  possible  from  the  incon- 
venience of  dust,  especially  when  street-sweeping  wagons  are 
used. 

The  government  also  plants  rows  of  'trees  along  the  side- 
walks of  many  streets.  Occasionally  the  roadway  of  a  wide 
street  is  divided  so  that  grass  plots  and  trees  may  be  planted 
in  the  center  of  the  street.  In  recent  years,  also,  cities  have 
been  giving  a  good  deal  of  attention  to  the  manner  of  lighting 
the  streets.  They  have  been  careful  to  select  light  standards 
that  are  ornamental  instead  of  unsightly.  It  is  to  be  regretted 
that  the  streets  in  so  many  of  our  cities  are  spoiled  by  a  net- 
work of  telegraph,  telephone,  and  trolley  wires  and  by  the 
numerous  poles  that  are  required  to  support  these  wires. 
Some  of  the  larger  cities  in  Virginia  have  already  insisted  that 
many  wires  should  be  put  under  the  streets  in  what  are  known 
as  conduits.  The  day  will  probably  come  when  in  all  the 
larger  cities  the  government  will  demand  that  all  wires  be 
placed  underground.     Even  the  overhead  trolley  wires  will 


ROADS,  STREETS,  AND  PARKS 


65 


give  way  to  the  more  improved  underground  system,  although 
this  latter  system  is  far  more  expensive  to  construct. 

THE  GOVERNMENTS  RESPONSIBILITY  FOR  THE 
STREETS.  Not  only  does  the  government  undertake  to 
improve  the  streets  in  many  ways,  but  it  is  also  responsible 
for  keeping  them  in  a  safe  condition.  Sometimes  a  street  is 
temporarily  closed  for  repairs  or  for  excavations,  and  some- 
times when  buildings  are  being  erected  or  torn  down,  the  street 
is  partially  obstructed.     The  government,  however,  prevents- 


A  WELL-KEPT  STREET  TN  V-ETERSBURG,  VIRGINIA 
Observe,  however,  how  the  appearance  of  the  street  is  marred  by  unsightly  poles 

and  wires 

people  from  placing  unnecessary  obstructions  in  the  streets. 
Moreover,  the  government  must  see  to  it  that  the  sidewalks 
and  roadways  of  the  streets  are  kept  in  sufficient  repair  to 
prevent  accidents  from  happening  to  those  who  use  them. 
If  a  person  is  injured  as  a  result  of  the  failure  of  the  govern- 
ment to  care  for  the  streets,  he  has  the  right  to  sue  the  govern- 
ment and  to  recover  a  sum  of  money  for  the  damage  that  he 
has  suffered. 


<56    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

THE  GOVERNMENT  AND  THE  PARKS.  The  people 
who  live  in  farming  communities  can  usually  live  out  of  doors 
as  much  as  they  choose.  But  in  cities,  where  the  houses  are 
built  close  together,  the  government  sets  apart  certain  open 
spaces  for  parks,  in  order  that  the  people  may  secure  rest  and 
recreation  free  from  the  noise  and  dust  and  dangers  of  the 
streets.  These  parks  are  usually  laid  out  with  paths  and  grass 
plots;  trees  and  flowers  are  planted;  and  monuments  and 
fountains  are  erected.  They  not  only  add  much  to  the  ap- 
pearance of  the  city  but  are  also  of  great  benefit  to  the  in- 
liabitants,  especially  during  the  hot  months  of  the  summer. 
Occasionally  the  government  even  provides  band  concerts  for 
the  pleasure  of  the  people  who  use  the  parks. 

In  recent  years  some  cities  have  undertaken  to  provide 
special  playgrounds  for  the  children  of  the  city.  Children 
■ought  to  play  out  of  doors  as  much  as  possible,  and  it  is  well 
recognized  that  the  streets  are  not  the  proper  place  for  num- 
bers of  children  to  gather  for  their  play.  These  playgrounds 
are  arranged  so  that  various  games  may  be  played  and  are 
otherwise  equipped  for  the  amusement  and  athletic  develop- 
ment of  the  young  people  of  the  community.  Sometimes  also 
the  government  provides  for  such  playgrounds  an  instructor 
or  director  who  supervises  and  assists  the  children  in  organiz- 
ing their  play. 

CLASS  EXERCISES 

1.  What  means  are  afforded  in  your  community  for  your  getting  to 
and  from  school?  Describe  the  condition  of  the  roads  and  streets  over 
which  you  travel.  Is  your  school  building  attractive?  Are  there  any 
trees,  shrubs,  or  flowers  in  the  yard?  Are  the  pupils  careful  to  keep  the 
building  and  yard  clean?  Can  you  think  of  some  things  that  could  easily 
be  done  to  make  your  school  more  attractive? 

2.  If  you  live  in  a  farming  conununity,  describe  the  condition  of  the 
various  roads  that  you  know  about.  Of  what  are  they  constructed? 
Are  they  in  need  of  repair?  Find  out  who  is  responsible  for  repairing  the 
roads.  Do  you  know  of  any  road  that  has  recently  been  repaired?  How 
was  it  done? 


ROADS,  STREETS,  AND  PARKS  67 

3.  Are  there  any  toll  roads  in  your  community?  Who  owns  them? 
Why  was  the  method  of  having  farmers  work  on  the  roads  two  days  ia 
the  year  given  up? 

4.  Has  the  state  appropriated  any  money  for  road-building  in  your 
community?  Has  it  furnished  a  supervising  engineer?  Has  it  furnished 
convicts  from  the  state  penitentiary?  If  the  roads  in  your  community 
are  in  need  of  repair,  find  out  who  is  responsible  for  not  securing  this 
assistance  which  the  state  offers.  Are  the  people  of  j-our  community- 
unwilling  to  pay  their  share  of  the  expense? 

5.  Select  certain  typical  roads  in  your  community  and  tell  what  you 
think  could  be  done  to  improve  their  appearance  and  comfort?  Are 
your  schoolhouse  and  grounds  an  ornament  or  an  eyesore  to  the  com- 
munity? 

6.  If  you  live  in  a  city  or  town,  describe  how  the  sidewalks  are  paved. 
Who  paved  them?  Are  thej'  kept  in  good  repair?  Are  the  roadbeds  of 
the  streets  paved?     If  so,  what  are  they  paved  with  and  who  paved  them?" 

7.  What  kind  of  trees  are  set  out  along  the  streets  of  your  city?  Are 
they  satisfactory  as  shade  trees?  Are  they  ornamental?  What  can  you. 
do  to  improve  the  appearance  of  the  streets? 

S.  AVhat  are  the  names  of  the  several  parks  in  your  city  and  where 
are  they  located?  Draw  a  map  of  one  of  them  that  you  are  familiar  with. 
Are  the  parks  well  kept?  Why  does  the  government  establish  and  main- 
tain parks  in  cities?     What  use  do  the  people  make  of  them? 

9.  What  uses  are  made  of  the  streets  of  your  city  in  addition  to  their 
use  for  walking  and  driving?  Can  you  place  any  obstruction  that  j'ou 
choose  in  the  streets?  If  you  are  injured  as  a  result  of  some  unnecessary 
obstruction  or  defect  in  the  streets,  have  you  any  right  against  the  gov- 
ernment? 


SECOND  PART 

ORGANIZATION  OF  THE  STATE  AND  LOCAL  GOV- 
ERNMENTS 


CHAPTER  TX 
THE  CONSTITUTION  OF  THE  STATE 

THE  MEANING  OF  THE  STATE  CONSTITUTION. 
During  the  period  of  our  history  before  the  Revolutionary 
War,  each  of  the  thirteen  colonies  in  America  was  under  the 
control  of  the  government  of  England.  The  colonies  exer- 
cised only  those  rights  and  powers  which  the  English  govern- 
ment permitted.  That  government  also  determined  very 
largely  how  the  colonial  laws  should  be  made  and  in  most  of 
the  colonies  appointed  the  governor.  Under  this  system  the 
colonists  actually  enjoyed  a  large  degree  of  self-government, 
for  they  were  allowed  to  make  most  of  the  laws  by  which  they 
were  governed  and  to  choose  most  of  their  governmental 
officers. 

When  the  Revolutionary  War  broke  out,  \'irginia  was 
governed  in  this  manner.  The  war,  however,  freed  the 
colonies  from  the  control  of  the  mother  country;  and  the 
people  of  each  colony  were  forced  to  provide  some  other  form 
of  government.  Lord  Dunmore,  the  colonial  Governor  of 
Virginia,  fled  for  his  life;  the  House  of  Burgesses,  the  law- 
making body  of  the  colony,  dissolved  itself;  and  the  old  gov- 
ernment passed  away.  Something  had  to  be  done,  for  the 
people  could  not  exist  without  any  government.  And  this  is 
what  happened.     In  May,  1776,  a  convention  composed  of 

68 


THE  CONSTITUTION  OF  THE  STATE  69 

two  delegates  from  each  county  in  Virginia  met  at  Williams- 
burg and  drew  up  a  document  providing  for  a  form  of  govern- 
ment very  similar  to  that  which  had  existed  during  the  colonial 
period.  This  written  document  declared  what  officers  should 
be  chosen  and  how  they  should  be  chosen,  what  powers  these 
officers  should  have,  and  who  should  make  and  administer 
the  laws.  This  is  what  we  mean  by  a  constitution.  It  is  a 
written  document  framed  by  delegates  representing  the  people 
of  the  state  and  providing  in  outline  the  organization  of  the 
government. 

THE  HISTORY  OF  VIRGINIA'S  CONSTITUTIONS. 
There  were  naturally  many  defects  in  this  first  constitution  of 
Virginia,  framed  as  it  was  in  great  haste  at  the  outbreak  of 
our  war  for  independence.  It  is  marvelous  indeed  that  it 
was  strong  enough  to  last  fifty-four  years.  There  were  two 
chief  defects  in  this  constitution.  In  the  first  place,  only  men 
of  considerable  property  could  vote  or  hold  office.  As  Thomas 
Jefferson  ironically  remarked,  the  government  of  Virginia 
was  in  the  hands  of  those  who  were  "distinguished  by  the 
luxury  and  ostentation  of  their  establishments."  In  the  sec- 
ond place,  the  people  in  the  different  parts  of  the  state  were 
not  equally  represented  in  the  law-making  body.  In  con- 
sequence, the}'  did  not  enjoy  an  equal  share  in  the  management 
of  their  own  government. 

Soon  after  the  Revolutionary  War  adventurers  began  to 
push  in  large  numbers  across  the  Alleghany  Mountains  into 
what  is  now  West  Virginia,  but  was  then  an  unsettled  part  of 
Virginia.  This  movement  of  population  during  the  early 
years  of  the  nineteenth  century  was  very  rapid.  By  1815 
two-fifths  of  the  white  population  of  Virginia  lived  on  the 
other  side  of  the  mountains.  They  were  for  the  most  part 
poor  pioneers.  Few  of  them  owned  enough  property  to  vote. 
There  were  few  large  plantations  and  few  slaves.  In  fact, 
the  whole  character  of  these  people  differed  from  that  of  the 
land-owning  inhabitants  of   the  eastern   part  of   the   state. 


70    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Under  the  constitution  of  1776  they  had  little  share  in  the 
government.  They  were  allowed  to  hold  almost  no  offices, 
and  they  did  not  have  a  fair  representation  in  the  body  which 
made  laws  for  the  state. 

For  years  the  people  of  this  western  part  of  Virginia 
clamored  for  changes  in  the  state  constitution.  But  it  was 
only  after  a  long  and  bitter  struggle  that  a  convention  finally 
met  at  Richmond  in  the  winter  of  1829-30  and  drew  up  a  new 
constitution.  This  second  constitution  did  not  prove  very 
satisfactory,  however,  and  in  1850-51  a  third  constitution  was 
framed  by  a  convention  representing  the  people  of  the  state. 

The  constitution  of  1851  lasted  throughout  the  period  of 
the  War  Between  the  States.  It  was  during  the  terrible  period 
of  reconstruction,  in  December,  1867,  that  our  fourth  con- 
stitutional convention  came  together.  It  did  not  represent 
the  people  of  Virginia.  Its  membership  was  composed  al- 
most entirely  of  Northerners  and  of  recently  freed  negroes. 
The  constitution  which  they  adopted  was  known  as  the 
"Underwood  Constitution,"  taking  its  name  from  the  presi- 
dent of  the  convention.  It  was  by  no  means  wholly  bad, 
however,  and  the  people  of  Virginia  lived  under  it,  with  a  few 
changes,  for  a  period  of  more  than  thirty  years. 

THE  PRESENT  CONSTITUTION  OF  VIRGINIA.  In 
1901-02  our  fifth  and  last  convention  met  and  framed  the 
constitution  under  which  our  government  is  at  present  or- 
ganized. The  chief  reforms  which  the  people  felt  it  was 
necessary  to  make  were,  first,  a  reduction  in  the  number  of 
officers  in  the  state,  and  consequently  in  the  expenses  of  the 
government;  and  second,  the  placing  of  new  restrictions  upon 
the  right  to  vote.  However,  many  other  changes  were  also 
made. 

Our  present  constitution  is  a  long  document,  covering  many 
printed  pages.  The  convention  which  framed  it  sat  for  twelve 
months  fully  and  carefully  considering  the  great  work  before 
them.     The  constitution  provides  in  detail  how  the  govern- 


THE  CONSTITUTION  OF  THE  STATE  71 

ment  shall  be  organized.     It  enumerates  all  the  chief  officers 
of  the  government  and  outlines  their  powers  and  duties.     It 
determines  who  shall  have  the  right  to  vote  and  hold  the 
various  offices.     It  provides  also  for  the  establishment  of 
local  governments  in  the  different  communities  of  the  state. 
THE  IMPORTANCE  OF  THE  CONSTITUTION.     The 
constitution  is  often  spoken  of  as  the  ftmdamental  law  of  the 
state.     This  is  because  it  is  superior  in  rank  and  importance 
to  any  other  law.     The  constitution,  as  we  shall  see,  provides 
for  a  legislature  of  the  state  and  empowers  this  legislature  to 
make  laws.     Moreover  our  various  county  and  city  govern- 
ments have  the  power  to  make  local  laws.     But  in  making 
these  laws  the  legislature  and  the  local  governments  of  the 
state  must  always  consider  the  constitution.     If  they  pass  a 
law  which  violates  any  provision  of  the  constitution,  the  courts, 
as  we  shall  see,  will  simply  declare  that  the  thing  which  they 
have  called  a  law  is  not  in  fact  a  law  at  all;  and  the  courts 
will  refuse  to  enforce  it.     For  example,  as  we  have  seen,  the 
government  cannot  deprive  us  of  our  freedom  of  speech  and 
the  press,  except  as  we  abuse  this  freedom  and  thus  injure 
others.     This  is  because  the  constitution  says  that  "any  citi- 
zen may  speak  freely,  write  and  publish  his  sentiments  on  all 
subjects,  being  responsible  for  the  abuse  of  that  right."     Now 
if  the  legislature  should  be  so  foolish  as  to  enact  a  law  pro- 
hibiting a  person  from  publishing  an  ordinary  newspaper,  the 
courts  would  simply  say  that  in  spite  of  this  law  he  could  go 
ahead  with  the  publication  of  his  paper, 

This  is  merely  a  single  illustration;  for,  as  we  have  seen,  we 
have  many  other  personal  and  property  rights  which  the 
government  may  not  take  away  from  us.  This  is  because 
these  rights  are  written  down  in  the  constitution;  and  neither 
the  legislature  nor  any  officer  of  the  government  can  ignore 
or  violate  the  constitution.  It  is  higher  than  the  government 
itself,  and  this  is  why  it  is  called  the  fundamental  law  of  the 
staie. 


72    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

HO  W  THE  CONSTIT  UTION  MA  Y  BE  CHA  NGED.  So 
important  is  the  constitution  that  it  may  be  changed  only  by 
unusual  procedure.  The  legislature  of  the  state  may  indeed 
propose  amendments  to  the  constitution.  But  when  any 
amendment  has  been  proposed  by  one  legislature,  it  must 
wait  until  a  new  legislature  has  been  elected  and  must  receive 
the  approval  of  this  new  legislature.  After  that  it  must  be 
submitted  to  the  people  themselves  and  the  voters  cast  their 
ballots  for  or  against  the  proposal.  If  a  majority  of  the  voters 
are  in  favor  of  the  amendment  thus  proposed,  it  then  becomes 
a  part  of  the  constitution. 

We  have  seen  that  we  have  had  a  number  of  constitutional 
conventions  in  Virginia.  Whenever  it  seems  desirable  to  have 
an  entirely  new  constitution,  the  legislature  asks  the  people 
to  vote  on  the  question  of  whether  they  wish  a  convention 
to  be  called  for  the  purpose  of  revising  the  constitution.  If 
a  majority  of  the  voters  are  in  favor  of  calling  such  a  conven- 
tion, the  legislature  then  makes  provision  for  its  coming  to- 
gether. 

CLASS  EXERCISES 

1.  How  were  we  governed  in  Virginia  during  the  colonial  i)eriod?  Who 
determined  our  form  of  government?  Were  we  permitted  to  make  any 
of  our  laws?  To  choose  any  of  our  officers?  How  did  the  Revolutionary 
War  change  our  situation? 

2.  Who  determines  our  form  of  government  to-day?  How  is  this  done? 
What  is  meant  by  a  constitution?  How  many  constitutions  have  we  had 
in  Virginia?    How  were  these  constitutions  drawn  up? 

3.  Explain  how  the  constitution  protects  our  Uberties.  Against  whom 
are  they  protected?  How  may  the  constitution  be  changed?  Why  may 
our  law-makers  not  change  it? 

4.  When  was  our  present  constitution  framed?  By  whom  was  it 
framed?  Find  out,  if  you  can,  the  names  of  some  of  the  members  of  the 
convention  of  1901-02.     Who  represented  your  county  or  city? 


CHAPTER  X 
THE  VOTES  OF  THE  PEOPLE 

THE  MEANING  OF  REPRESENTATIVE  GOVERN- 
MENT. As  we  have  seen,  the  government  is  really  an  or- 
ganization which  lays  down  and  enforces  certain  laws  that 
the  people  must  obey,  and  which  undertakes  many  services 
for  the  benefit  of  the  people.  It  would  be  manifestly  im- 
possible for  all  the  people  of  Virginia  to  come  together  and 
themselves  make  the  laws  for  the  entire  state.  Indeed  it 
would  be  very  inconvenient,  if  not  impossible,  for  the  people 
of  an  entire  county  or  city  to  come  together  and  enact  the 
laws  for  their  own  community.  The  people  of  Virginia  have 
solved  this  difficulty  by  establishing  what  is  known  as  repre- 
sentative government.  Instead  of  making  the  laws  directly 
for  themselves  they  choose  certain  representatives  to  do  this 
for  them.  For  example,  the  people  of  every  county  choose  a 
group  of  representatives  known  as  the  board  of  supervisors. 
These  representatives  make  laws  for  the  county.  The  people 
of  every  city  choose  a  group  of  representatives  that  are  com- 
monly known  as  the  city  council.  This  council  makes  the 
laws  for  the  city.  The  people  of  the  entire  state  choose  a 
group  of  representatives  known  as  the  General  Assembly,  and 
this  body  makes  the  laws  for  the  entire  state.  In  addition 
to  these  several  groups  who  make  the  laws,  the  people  choose 
other  representatives  to  enforce  the  laws  and  to  manage  the 
various  services  which  the  government  undertakes  for  the 
benefit  of  the  people. 

The  people  control  their  government  through  these  repre- 
sentatives whom  they  themselves  elect.  Perhaps  the  most 
important  right  that  we  as  a  people  have  is  our  right  to  vote 
for  or  against  the  persons  who  offer  themselves  as  candidates 

73 


74    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

to  represent  us  in  the  government.  Our  representatives  are 
responsible  to  us  for  the  kind  of  hiws  they  enact  and  for  the 
manner  in  which  they  enforce  these  laws  and  carry  on  the 
various  governmental  services.  If  we  are  not  satisfied  with 
the  way  the  government  is  being  carried  on,  we  have  the  right 
to  turn  our  existing  representatives  out  of  office  and  to  choose 
others  in  whom  we  have  greater  confidence. 

THE  RIGHT  TO  VOTE.  When  we  say  that  the  people 
choose  representatives  to  carry  on  the  government  for  them, 
we  do  not  mean  that  every  person  in  each  community  has  the 
right  to  vote.  For  many  reasons  this  is  not  the  case.  For 
example,  the  children  are  not  permitted  to  share  in  selecting 
the  officers  of  the  government.  Formerly  the  women  of  Vir- 
ginia were  not  permitted  to  vote  at  elections.  But  in  1920 
the  right  to  vote  was  extended  to  women  in  all  the  states  of 
the  Union.  Again,  foreigners  (that  is,  persons  who  have  not 
yet  become  citizens  of  the  United  States),  and  citizens  of  other 
states  who  happen  to  be  temporarily  in  Virginia  at  the  time 
of  an  election,  cannot  cast  votes.  Moreover,  we  do  not  allow 
persons  to  vote  in  Virginia  who  cannot  read  and  write.  The 
more  intelligent  people  of  the  state  have  concluded  that  a 
person  who  cannot  even  read  and  write,  and  who  must  in 
consequence  be  very  ignorant  of  what  is  going  on  in  the  world, 
is  not  a  fit  person  to  help  in  choosing  the  officers  of  the  gov- 
ernment. Finally,  we  exclude  from  the  right  to  vote  persons 
who  are  insane  or  who  are  paupers  and  have  to  be  supported 
by  the  government,  and  persons  who  have  been  convicted 
of  crime. 

It  is  clear,  therefore,  that  many  persons  are  denied  the  right 
to  share  in  choosing  the  officers  of  the  government.  There 
are  2,309,187  people  in  the  state  of  X-'irginia,  but  in  the  election 
held  in  1920,  at  which  Warren  Gamaliel  Harding  was  chosen 
President  of  the  United  States,  only  231,001  votes  were 
cast.  This  means  that  only  one  person  out  of  every  ten  cast 
a  vote.     In  1921,  when  we  elected  a  governor  in  \'irginia. 


thp:  votes  of  the  people  75 

only  213.827  votes  were  vast.  This  means  that  only  one  per- 
son out  of  eleven  cast  a  vote.  It  must  not  be  understood 
that  these  numbers  represent  all  of  the  persons  who  might 
have  cast  votes;  for  there  were  doubtless  many  persons  who 
did  not  take  advantage  of  their  right  to  vote.  These  figures 
illustrate,  however,  how  comparatively  small  is  the  number  of 
persons  who  actually  participate  in  selecting  the  officers  of 
the  government. 

QUALIFICATIONS  FOR  VOTING.  We  have  just 
noted  the  various  classes  of  persons  who  are  not  permitted  to 
vote  in  X'irginia.  The  constitution  itself  determines  who  has 
the  right  to  vote.  It  may  be  well,'  therefore,  to  set  down  the 
list  of  qualifications  which  the  constitution  prescribes.  In  the 
first  place,  a  person  entitled  to  vote  must  be  a  man  or  woman 
who  is  a  citizen  of  the  United  States  (that  is,  one  who  was 
born  in  the  United  States  or  who,  having  been  born  abroad, 
has  become  a  citizen  of  the  United  States  by  swearing  away 
his  allegiance  to  any  other  government) ;  and  one  must  be  at 
least  twenty-one  years  of  age.  In  the  second  place,  ou'^  must 
have  resided  in  the  state  of  Virginia  for  at  least  two  years, 
and  in  the  particular  county  or  city  in  which  one  offers  to  vote, 
for  at  least  one  year.  For  voting  purposes  the  various  com- 
munities of  the  state  are  divided  into  precincts  or  election 
districts;  and  the  law  provides  that  a  person  who  votes  shall 
have  resided  in  his  precinct  or  election  district  for  at  least 
thirty  days.  In  the  third  place,  one  who  desires  to  vote 
must  be  registered.  This  means  that  one's  name  must  be  re- 
corded in  what  is  known  as  a  registration  book.  The  law 
provides  that  in  each  election  district  there  shall  be  an  officer 
known  as  a  registrar.  On  a  certain  day  in  May  and  another 
day  in  October  of  every  year  this  officer  sits  at  some  con- 
venient place  in  the  district  to  receive  and  record  the  names  of 
those  who  are  entitled  to  register.  On  these  days  any  person 
whose  name  is  not  already  registered  and  who  expects  to 
vote  at  the  election  must  appear,  and  prove  his  qualifica- 


76    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

tions,  and  have  his  name  properly  enrolled  upon  the  book. 
Such  a  person  may  also  register  on  any  other  day  if  the  reg- 
istrar can  be  located.  On  the  day  of  election  only  those  are 
permitted  to  vote  whose  names  are  found  in  the  registration 
book.  In  the  fourth  place,  every  resident  of  Virginia  who  is 
over  twenty-one  years  of  age  is  required  to  pay  a  yearly  poll- 
tax  of  one  dollar  and  fifty  cents.  No  man  or  woman  can  vote 
at  any  election  who  has  not  j)aid  poll-taxes  for  the  three  years 
preceding  the  election.  This  requirement  in  itself  reduces 
the  number  of  voters;  for  if  one  has,  for  one  reason  or  another, 
neglected  to  pay  one's  poll-taxes  for  a  few  years,  one  is  com- 
pelled to  pay  the  sum  of  four  dollars  and  fifty  cents  before 
one  can  be  registered  as  a  voter.  One's  own  interest  in,  and 
duty  toward,  the  government  should  prevent  one's  being 
subjected  to  tiiis  penalty.  In  the  fifth  place,  when  one  pre- 
sents oneself  for  registration,  one  is  required  to  make  applica- 
tion in  one's  own  handwriting.  If  one  cannot  write,  one 
cannot  be  registered  and  therefore  cannot  vote. 

These  are  the  most  important  qualifications  which,  under 
the  constitution,  every  man  and  woman  must  have  in  order 
to  qualify  as  a  voter. 

THE  PLACES  OF  VOTING.  As  we  shall  see  a  little 
later,  every  county  in  Virginia  is  for  certain  purposes  of  gov- 
ernment divided  into  magisterial  districts  and  every  city 
into  wards.  Often  these  districts  and  wards  are,  for  voting 
purposes,  also  divided  into  precincts,  or  election  districts. 
In  each  precinct,  or  election  district,  there  is  one  place, 
called  a  polling-place,  at  which  the  voters  who  live  in  tlie  dis- 
trict may  cast  their  votes  at  any  election.  In  charge  of  these 
polling-places  are  certain  election  officers  who  are  appointed 
in  accordance  with  the  law.  These  officers  first  examine  the 
books  and  determine  whether  a  person  desiring  to  vote  is 
properly  registered.  If  the  person's  registration  proves  to 
be  satisfactory,  he  or  she  is  given  a  ballot  and  is  permitted  to 
cast  a  vote. 


thp:  votes  of  the  people  77 

THE  VOTING.  In  the  early  days  of  our  history  it  was  the 
custom,  when  a  voter  went  to  the  polls,  to  read  him  the  names 
of  the  candidates  for  office  and  to  ask  him  which  candidate 
he  desired  to  vote  for.  Thereupon  the  voter  would  call  the 
name  of  the  candidate  of  his  choice.  Under  such  a  system 
everybody  knew  how  everybody  else  voted.  The  result  was 
that  men  could  not  always  vote  with  independence,  because 
of  what  other  people  might  think  of  them.  They  might  be 
made  to  suffer  in  some  way  for  voting  as  they  thought  best. 

Today,  however,  we  have  a  wholly  different  system.  It  is 
usually  impossible  for  anybody  to  know  how  anybody  else 
\otes.  When  one  goes  to  the  polls,  one  is  given  a  slip  of 
paper  called  a  ballot  with  the  names  of  the  different  candidates 
printed  on  it.  One  then  retires  to  a  booth,  where  no  one  else  is 
permitted,  and  with  a  pen  one  draws  a  line  through  the  names 
of  the  candidates  whom  one  opposes,  leaving  unscratched  the 
name  of  the  candidate  of  one's  choice.  One  folds  one's  ballot 
and  hands  it  to  one  of  the  election  officers,  who  deposits  it  in  a 
sealed  ballot  box.  None  of  these  ballots  are  examined  until 
the  election  is  closed.  It  is  impossible  for  one  voter  to  tell 
how  any  other  voter  has  cast  his  ballot;  for  when  the  ballot 
box  is  opened,  nobody  can  tell  who  cast  this  or  that  ballot. 

The  election  lasts  for  one  day,  from  sunrise  to  sunset.  At 
its  close  the  ballot  boxes  are  opened  and  the  ballots  are 
counted.  The  count,  or  return  as  it  is  called,  is  then  sent  to 
the  county  board  or  the  city  board  appointed  for  that  pur- 
pose, and  these  boards  add  up  the  returns  from  the  various 
voting  precincts.  In  case  the  election  is  for  state  officers, 
these  local  boards  send  their  returns  to  the  capital  at  Rich- 
mond, where  the  returns  for  the  whole  state  are  added  and 
the  result  of  the  election  is  announced. 

INITIATIVE,  REFERENDUM,  AND  RECALL.  In 
Virginia  the  voters  share  in  the  conduct  of  the  government 
chiefly  by  casting  their  ballots  for  the  choice  of  officers  of  the 
government.     Occasionally  also  the  voter  is  called  upon  to 


78    C.OVKRXMEXT  AND  POLITICS  IN  VIRGINIA 

vote  for  or  against  an  amendment  to  the  constitution.  In 
some  other  states  of  the  Union  the  voters  are  permitted  to 
share  more  directly  in  the  conduct  of  the  government.  For 
example,  a  group  of  voters  may  themselves  draw  up  a  pro- 
posed law  and  petition  the  government  to  have  it  passed. 
This  is  known  as  the  "initiative."  If  the  legislative  body 
does  not  itself  enact  this  law,  it  is  comixlK-d  to  K't  the  voters 
decide  by  their  own  votes  whetlier  or  not  it  shall  be  a  law. 
Moreover,  if  the  legislature  passes  a  certain  law,  and  some 
of  the  voters  arc  opposed  to  it,  they  may  petition  to  have 
it  submitted  directly  to  the  voters.  This  is  known  as  the 
"referendum."  which  means  a  proposition  referred  to  the 
voters.  This  plan  of  letting  the  voters  share  somewhat  di- 
rectly in  the  making  of  laws  has  not  been  adopted  in  Virginia, 
•except,  as  we  shall  see,  in  one  or  two  cities,  where  local  laws 
may  be  enacted  by  the  initiative  and  referendum. 

Another  scheme  by  wliich  the  voters  of  some  states  control 
the  officers  of  the  government  is  known  as  the  "recall."  All 
of  our  elected  officers  are  chosen  for  definite  terms  of  office — 
for  example,  for  a  term  of  two  or  of  four  years.  If  we  happen 
to  choose  an  unsatisfactory  officer,  we  usually  have  to  wait 
until  his  term  is  ended  before  we  can  elect  someone  else  in  his 
place.  Under  the  recall,  however,  if  a  group  of  voters  are 
dissatisfied  with  any  officer,  they  may  petition  to  have  him 
recalled  before  the  end  of  his  term.  This  means  that  a  special 
election  must  be  held,  and  the  voters  can  then  decide  whether 
they  will  retain  the  officer  in  (lucstioii  or  put  some  other 
person  in  his  place. 

THE  DUTY  OF  THE  VOTER.  Unfortunately  many 
men  and  women  have  the  idea  that  it  is  beneath  them  "to 
dabble  in  politics."  By  their  indifference  they  sometimes 
permit  the  affairs  of  the  government  to  be  directed  by  low 
political  bosses  and  shrewd  schemers  who  have  only  their  own 
interests  at  heart.  Nothing  can  be  more  hurtful  to  any  com- 
munity than  this  attitude  which  some  good  people  assume. 


THE  VOTES  OF  THE  PEOPLE  79 

Of  course  it  is  impossible  for  everybody  to  enter  politics.  It 
is  not  even  desirable.  But  everyone  should  be  interested  in 
all  the  undertakings  of  the  government,  and  this  means  that 
everyone  should  be  interested  in  what  we  call  politics. 

We  should  keep  ourselves  thoroughly  in  touch  with  what  the 
government  is  doing.  We  should  try  to  learn  which  of  two 
or  more  persons  desiring  a  particular  office  is  the  most  honest 
and  the  most  capable.  We  should  lend  our  influence  in  pri- 
vate conversation,  and  if  need  be  in  public,  to  keep  bad  men 
out  of  office.  In  every  way  possible  we  should  further  the 
best  interests  of  our  community  through  the  government. 
Not  only  this,  but  the  best  people  of  the  community  should 
not  hold  themselves  aloof  from  the  service  of  the  government. 
Nearly  always  there  are  plenty  of  persons  who  desire  to  be 
officers;  but  frequently  none  of  them  are  the  right  sort  for 
public  office,  and  it  is  sometimes  difficult  to  get  better  per- 
sons to  see  that  it  is  their  duty  to  serve.  The  great  hope  of 
any  state  is  that  its  more  intelligent  men  and  women  will  be 
wide  awake  to  every  movement  which  concerns  the  welfare 
of  their  community  and  state,  and  that  whenever  it  is  possible 
they  will  use  their  influence  to  better  the  conditions  of  the 
government. 

THE  DUTY  OF  THOSE  WHO  DO  NOT  VOTE.  It  is 
true,  as  we  have  seen,  that  some  persons  in  \'irginia  do  not 
have  the  right  to  vote.  But  every  man,  woman,  and  child, 
whether  he  votes  or  not,  should  be  interested  in  the  govern- 
ment and  contribute  in  every  way  that  he  can  to  promote  the 
welfare  of  the  community.  Men  and  women,  both  as  indi- 
viduals and  in  their  charitable  and  other  organizations,  may 
often  bring  to  the  attention  of  the  government  matters  that 
need  to  be  attended  to.  The  children  can  in  many  ways  im- 
prove the  conditions  of  the  schools  which  the  government 
provides.  Indeed,  our  study  thus  far  must  have  made  it 
clear  that  the  government  cannot  and  does  not  undertake 
to  do  everything  that  the  people  of  a  community  need.     Much 


80    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

is  left  to  be  done  by  individuals  and  by  private  associations 
of  individuals,  who  may  or  may  not  be  voters.  Not  only 
can  these  individuals  and  associations  influence  the  govern- 
ment, but  they  can  also  do  many  things  for  the  community 
which  the  government  must  of  necessity  leave  undone. 

CLASS  EXERCISES 

1.  What  do  we  mean  by  democratic  government?  Would  it  be  possible 
in  your  comnumity  for  the  pooi)le  to  make  their  laws  directly?  How  are 
the  laws  made?  Who  makes  tlie  laws  for  the  whole  state?  What  kind 
of  government  do  we  call  this?     ^^'hy? 

2.  Explain  how  a  man  or  woman  shares  in  the  government  by  voting. 
Why  do  not  children  have  this  right?  Foreigners"  Citizens  of  other 
states?     Insane  peoi)le? 

3.  Why  does  the  constitution  require  that  a  voter  shall  be  able  to  write? 
Should  an  illiterate  person  l)e  trusted  to  hold  office?  To  choose  officers? 
Why? 

4.  Mention  all  the  ([ualifications  for  voters  in  ^■irginia.  Take  each  of 
these  qualifications  separately,  and  tell  whether  you  think  it  is  necessary 
or  unnecessary,  and  why. 

5.  Find  out,  if  you  can,  how  many  magisterial  districts  there  are  in 
your  county,  or  how  many  wards  there  are  in  your  city.  Find  out.  if  you 
can,  how  many  precincts  or  election  districts  there  are  in  your  magisterial 
district  or  ward.  In  what  precinct  or  election  district  do  you  live?  Find 
out  where  the  voting  i)lace  of  your  precinct  or  election  district  was  located 
at  the  last  election. 

6.  Explain  the  old  method  of  voting.  Explain  how  the  votes  are  cast 
to-day.  What  was  accomplished  by  the  change  from  the  old  method? 
What  is  the  ballot?     The  ballot  box? 

7.  What  is  meant  by  the  initiative?     The  referendum?     The  recall? 

8.  Explain  how  it  is  the  duty  of  every  person  to  be  interested  in  politics. 
To  whom  does  the  government  belong?  Explain  how  the  government  is  a 
part  of  us.  What  is  our  duty  toward  it?  How  will  we  suffer  if  we  fail 
in  this  duty? 

9.  Mention  some  of  the  ways  in  which  those  who  do  not  vote  may  in- 
fluence and  assist  the  government. 


CHAPTER  XI 
POLITICAL  PARTIES 

THE  MEA  NING  OF  POLI  TIC  A  L  PAR  TIES.  I  n  every 
country  in  which  the  government  is  estabHshed  and  main- 
tained by  the  votes  of  the  people,  it  invariably  happens  that 
organizations  of  the  voters,  known  as  political  parties,  develop. 
There  are  always  differences  of  opinion  among  the  voters  as 
to  what  the  government  ought  and  ought  not  to  do.  The 
voters  who  in  a  general  way  agree  with  one  another  upon 
certain  policies  for  the  government  usually  come  together  and 
form  an  organization  to  promote  these  policies.  The  voters 
who  disagree  with  them  and  hold  other  views  also  organize. 
In  this  way  the  voters  are  usually  divided  into  two  or  more 
political  party  organizations. 

Although  political  parties  sometimes  go  out  of  existence, 
and  parties  with  new  names  and  new  policies  are  formed,  it  is- 
a  fact  that  political  parties  are  more  or  less  permanent  or- 
ganizations. Everybody  knows,  for  instance,  of  the  Demo- 
cratic and  Republican  parties,  these  being  the  two  great  or- 
ganizations to  which  most  of  the  voters  of  the  United  States 
belong.  There  are  also  other  smaller  parties,  however,  such 
as  the  Socialist  and  the  Prohibition  parties.  The  principal 
object  of  every  political  party  is  to  secure  the  election  to  the 
various  offices  of  the  government  of  persons  who  belong  to 
the  party,  and  who,  when  they  are  in  office,  will  carry  out  the 
policies  which  their  party  is  in  favor  of.  Every  party  or- 
ganization is,  therefore,  very  active  in  letting  the  voters  of 
the  community  know  what  governmental  policies  the  party 
favors.  In  many  ways  each  party  tries  to  induce  as  many 
voters  as  possible  to  cast  their  ballots  in  favor  of  those  candi- 
dates who  stand  as  representatives  of  the  party  and  its  policies. 

81 


82    GOVERNMEXT  AND  POLITICS  IN  VIRGINIA 

THE  ORGANIZA  TION  OF  PARTIES.  Political  parties 
are  not  really  a  part  of  the  government.  They  merely  see!,, 
to  control  the  government  by  getting  members  of  the  party 
into  office.  In  order  to  accomplish  this,  however,  it  is  neces- 
sary for  each  party  to  organize  with  certain  party  officers  and 
wiiii  certain  rules  that  govern  the  activities  of  the  party. 
This  organization  of  political  parties  is  accomplished  chiefly 
by  means  of  committees.  In  every  party  there  is  a  state 
committee  having  general  control  of  the  affairs  of  the  party 
in  the  state.  In  addition  to  this,  there  are  local  committees 
in  the  different  counties  and  cities  of  the  state.  These  com- 
mittees arrange  for  political  meetings  and  for  addresses  to  be 
•delivered  by  party  leaders  and  candidates  for  office.  They 
also  determine  many  important  questions  in  regard  to  the 
method  of  choosing  the  candidates  who  are  to  stand  for  the 
party.  In  the  weeks  and  months  that  precede  an  election, 
they  stir  up  general  interest  among  the  voters  and  in  every 
way  try  to  draw  out  as  large  a  vote  as  possible  for  their  candi- 
dates. 

THE  NOMINATION  OF  PARTY  CANDIDATES.  It 
is  absolutely  necessary  that  every  political  party  should, 
before  any  election  is  held,  choose  a  party  candidate  for  each 
office  that  is  to  be  filled  by  election.  If  this  were  not  done,  it 
might  well  happen  that  two  or  more  persons  representing  the 
same  party  would  stand  for  election  to  a  particular  office, 
and  the  voters  of  the  party  would  divide  their  votes  among 
these  candidates.  If  at  the  same  election  it  happened  that 
some  smaller  party  had  only  one  candidate  for  this  office,  and 
if  the  voters  of  this  party  cast  all  of  their  ballots  for  this 
candidate,  the  result  might  be  that  this  candidate  of  the 
smaller  party  would  be  elected.  He  would  not  receive  a 
majority  of  the  votes  cast,  but  he  might  receive  a  larger  num- 
ver  of  votes  than  any  single  one  of  the  several  candidates  of 
the  larger  party. 


POLITICAL  PARTIES  83 

The  choosing  of  persons  who  are  to  stand  for  the  party  at 
any  election  is  called  the  nomination  of  candidates.  Formerly 
in  Virginia,  as  elsewhere  in  the  LInited  States,  candidates  for 
office  were  invariably  chosen  at  what  were  known  as  party 
conventions.  These  conventions  consisted  of  delegates  who 
represented  the  voters  of  the  party.  At  the  present  time  the 
law  permits  any  political  party  organization  in  Virginia  to 
select  its  candidates  for  office  in  any  way  that  it  chooses. 
Candidates  are,  however,  chosen  in  two  principal  ways.  The 
first  of  these  is  by  the  system  of  party  conventions  just  noted. 
The  second  is  by  a  system  known  as  a  primary  election.  The 
law  now  provides  that  a  primary  election  for  the  nomination 
of  party  candidates  for  state  and  county  offices  shall  be  held 
every  year  on  the  first  Tuesday  in  August.  Another  pri- 
mary election  for  the  nomination  of  candidates  for  city  offices 
is  held  on  the  first  Tuesday  in  April  in  any  year  in  which  a 
city  election  is  to  be  held.  No  party  is  required  to  choose  its 
candidates  at  these  primary  elections,  but  every  party  is 
permitted  to  do  so. 

PRIMARY  ELECTIONS.  A  primary  election  is  con- 
ducted in  very  much  the  same  way  as  a  regular  election.  It  is 
held  at  the  same  polling  places,  and  there  are  officers  to  con- 
duct the  election.  When  a  voter  presents  himself  at  the  polls 
on  primary  day,  he  is  compelled  to  declare  which  party  he 
supported  at  the  preceding  general  election.  If  he  declares, 
for  example,  that  he  supported  the  Democratic  party,  he  is 
given  a  ballot  containing  the  names  of  persons  who  want  to 
become  candidates  for  that  party.  Such  a  voter  cannot  de- 
mand, and  he  will  not  be  given,  the  ballot  of  the  Republican 
party.  In  case  he  failed  to  cast  any  ballot  at  the  preceding 
general  election,  he  is  required  to  declare  which  party  he  in- 
tends to  support  at  the  coming  election,  and  he  is  given  the 
ballot  of  that  party.  The  reason  why  every  voter  is  thus  re- 
quired to  declare  himself  is  because  a  primary  election  is 
really  an  election  within  the  party.     It  is  not  just  that  per- 


84    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

sons  who  do  not  belong  to  a  particular  party,  and  who  have 
not  supported  and  do  not  intend  to  support  the  candidates 
of  that  party,  should,  nevertheless,  have  the  right  to  assist 
in  deciding  who  shall  be  the  candidates  of  that  party. 

Of  course  this  system  destroys  to  a  considerable  extent  the 
secrecy  of  the  ballot,  for  a  voter  is  not  allowed  to  participate 
in  a  primary  election  unless  he  declares  either  how  he  has  voted 
at  the  last  election  or  how  he  intends  to  vote  at  the  coming 
election.  There  is  in  fact  little  to  prevent  a  voter  from 
deceiving  the  election  officers  in  this  matter,  if  he  wants  to 
do  so.  These  officers  must  usually  accept  his  word.  He 
may,  for  example,  on  primary  day,  wish  to  vote  for  the  candi- 
dates of  the  Democratic  party.  In  order  to  do  so,  he  may 
declare  that  he  supported  that  party  at  the  last  election, 
when  in  fact  he  did  not  do  so.  Or  he  may  declare  that  he 
intends  to  support  that  party  at  the  coming  election,  when  in 
fact  he  has  no  such  intention.  Nobody  knows  how  he  actually 
voted  at  the  last  election;  and  nobody  will  know  how  he 
■acttmlly  votes  at  the  coming  election.  This  is  a  matter,  there- 
fore, which  is  left  to  each  voter's  conscience.  It  seems  clear, 
however,  that  when  a  man  has  shared  in  choosing  the  candi- 
dates of  a  particular  party,  he  is  certainly  under  a  strong  moral 
obligation  to  support  that  party  at  the  regular  election  which 
follows. 

This  system  of  primary  elections  was  established  because  it 
was  thought  that  party  conventions,  consisting  of  a  limited 
number  of  the  members  of  a  particular  party,  frequently 
did  not  represent  the  wishes  of  the  rank  and  file  of  the  party 
in  choosing  party  candidates  for  office.  A  primary  election 
is,  strictly  speaking,  not  an  election  at  all.  It  simply  results 
in  the  selection  of  the  candidates  whose  names  are  placed  on 
the  ballot  as  the  choice  of  the  party  at  the  real  election  which 
follows.  It  is  often  the  case,  however,  that  where  a  great 
majority  of  the  voters  belong  to  one  particular  party,  the 
primary  election  is  really  more  important  than  the  regular 


POLITICAL  PARTIES  85 

election.  If  a  man  is  chosen  as  the  candidate  of  such  a  party 
at  the  primary,  he  is  very  nearly  certain  to  be  elected  at  the 
regular  election. 

THE  CANDIDATES  FOR  NOMINATION  AT  PRI- 
MARY ELECTIONS.  In  order  to  become  a  candidate  for 
nomination  at  a  primary  election  (which  means  that,  if  success- 
ful at  the  primary  election,  the  candidate  becomes  the  party 
candidate  at  the  regular  election)  a  person  must  formally  de- 
clare his  intention  to  become  such  a  candidate,  and  he  must  be 
supported  by  a  petition  signed  by  a  number  of  voters.  If  he 
is  a  candidate  for  a  state  office,  such  as  the  governorship  for 
example,  two  hundred  and  fifty  voters  must  sign  his  petition. 
If  he  is  a  candidate  for  a  city  or  county  office,  fifty  voters 
must  sign  his  petition. 

CLASS  EXERCISES 

1.  Try  to  find  out  which  political  party  is  the  stronger  in  your  com- 
munity. Are  most  of  your  county  or  city  officers  Democrats  or  Republi- 
cans? To  what  political  party  do  the  present  Governor  and  the  other 
state  officers  belong? 

2.  Explain  how  poUtical  parties  are  organized.  Why  is  it  necessary 
for  them  to  organize?  What  powers  and  duties  have  the  party  com- 
mittees? Find  out,  if  you  can,  what  party  committees  there  are  in  your 
community. 

3.  Explain  why  it  is  necessary  for  parties  to  choose  candidates  before 
the  election.  What  would  be  the  probable  result  if  they  did  not  do  so? 
In  what  two  ways  are  party  candidates  chosen?  Were  your  present  city 
or  county  officers  nominated  at  a  party  convention  or  at  a  direct  primary 
election?  In  what  way  were  the  present  Governor  and  other  elected  state 
officers  nominated? 

4.  What  is  meant  by  a  primary  election?  When  are  such  elections 
held?  How  are  the  voters  of  the  Republican  party  prevented  from  voting 
in  a  primary  election  of  the  Democratic  party,  and  vice  versa? 

5.  How  does  a  person  become  a  candidate  for  the  choice  of  his  party  at 
a  primary  election? 


CHAPTER  XII 
THE  STATE  LEC^ISLATURE 

THE  THREE  DEPARTMENTS  OF  GOVERNMENT. 
There  are  certain  duties  which  the  government  undertakes  to 
perform  for  the  people  of  the  state  as  a  whole.  It  is  im- 
possible to  enumerate  the  complete  list  of  such  duties.  It  is 
sufficient  to  say  in  a  general  way  that  the  state  gov^ernment 
makes  and  enforces  such  laws  and  undertakes  such  services 
as  seem  inappropriate  to  be  regulated  by  the  local  govern- 
ments, such  as  counties,  towns,  and  cities.  For  the  purpose 
of  making  state  laws  there  is  a  group  of  representati\"es  who 
constitute  what  is  known  as  the  legislative  department  of  the 
government.  There  is  another  group  of  state  officers  who 
see  that  the  laws  are  enforced  and  who  manage  certain  services 
which  the  government  of  the  entire  state  carries  on.  This 
group  constitutes  what  is  known  as  the  executive  department 
of  the  government.  There  is  still  a  third  group  of  officers 
whose  duty  it  is  to  explain  and  apply  the  law  and  to  settle 
controversies  between  persons  under  the  law.  •  This  group 
consists  of  judges  and  is  known  as  the  judiciary  department. 

THE  ORGANIZATION  OF  THE  GENERAL  ASSEM- 
BL  Y.  The  legislative  department  of  the  state  government  is 
divided  into  two  bodies,  or  houses,  as  they  are  called.  Every 
proposal  for  law  that  is  agreed  to  by  either  one  of  these  houses 
must  also  be  agreed  to  by  the  other  before  it  becomes  a  law. 
This  prevents  laws  from  being  hastily  made.  One  of  these 
houses  is  known  as  the  House  of  Delegates,  the  other  as  the 
Senate.  Together  they  constitute  what  is  known  as  the 
General  Assembly  of  Virginia. 

The  constitution  declares  that  the  House  of  Delegates  shall 
never  consist  of  less  than  ninety  nor  more  than  one  hundred 

86 


THE  STATE  LEGISLATURE  87 

members,  and  that  the  number  of  senators  shall  not  be  less 
than  thirty-three  nor  more  than  forty.  The  House  of  Dele- 
gates is  therefore  much  larger  than  the  Senate.  For  the 
purpose  of  electing  delegates  the  entire  state  is  divided  into 
what  is  known  as  house  districts.  The  General  Assembly 
itself  determines  what  counties  and  cities  shall  be  grouped  to- 
gether to  form  a  district.  It  also  determines  the  number 
of  delegates  to  be  elected  in  each  district.  As  nearly  as  possi- 
ble each  delegate  represents  the  same  number  of  people. 
Populous  districts,  whether  consisting  of  a  single  large  city 
or  large  county  or  of  a  group  of  counties  and  cities,  are  given 
mere  than  one  delegate.  In  the  majority  of  districts,  how- 
ever, only  a  single  delegate  is  elected.  The  members  of  the 
House  of  Delegates  are  chosen  by  the  voters  of  the  several 
districts  in  November  of  every  odd-numbered  year — that  is, 
in  1923,  1925,  1927,  and  so  on. 

For  the  election  of  senators  the  state  is  divided  into  sena- 
torial districts.  These  districts  are  either  much  larger  than 
the  house  districts  or  else  they  have  fewer  senators  than  dele- 
gates. Each  senator  is  elected  for  a  term  of  four  years. 
Provision  is  made,  however,  so  that  half  of  the  whole  number 
of  senators  are  elected  in  November  of  every  odd-numbered 
year,  at  the  same  time  that  delegates  are  chosen. 

The  General  Assembly  meets  in  the  January  following  the 
November  elections — that  is,  once  in  every  two  years.  Each 
senator  and  delegate  is  paid  five  hundred  dollars  per  session. 
In  order  to  prevent  the  General  Assembly  from  wasting  its 
time,  the  constitution  requires  that  it  shall  sit  for  only  sixty 
days.  In  case  of  necessity,  however,  the  session  may  be 
extended  thirty  days  longer,  provided  that  three-fifths  of 
the  members  of  each  house  agree  to  this  extension.  More- 
over, under  extraordinary  circumstances  the  Governor  may 
call  the  General  Assembly  in  extra  session. 

Each  house  of  the  General  Assembly  has  the  power  to  choose 
its  own  officers,  and  to  determine  the  rules  by  which  its  de- 


88    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

bates  and  other  affairs  must  be  conducted.  The  one  exception 
to  this  is  that  the  Lieutcnant-Go\ernor  presides  over  the 
Senate.  The  presiding  officer  of  the  House  of  Delegates  is 
called  the  Speaker.  In  addition  to  the  presiding  officer  there 
are  a  number  of  other  officers  and  clerks  in  each  house. 

Each  member  has  his  own  desk,  and  these  desks  are  ar- 
ranged in  rows  facing  the  presiding  officer's  chair.  Visitors 
are  usually  prohibited  from  coming  upon  the  "floor"  of  either 
house;  but  galleries  are  provided  to  which  the  public  is  freely 
admitted. 

THE  MAKING  OF  THE  LA  WS.  Nearly  every  member 
who  is  elected  to  the  General  Assembly  goes  to  the  capital 
with  the  idea  of  getting  certain  measures  enacted  into  laws. 
Sometimes  the  people  who  elect  him  express  their  desire  to 
have  this  or  that  law  passed.  Sometimes  an  individual 
citizen  asks  a  member  to  present  a  proposition  for  a  law. 
Frequently  also  the  Governor  and  the  other  important  officers, 
who  are  thoroughly  in  touch  wnth  the  needs  of  the  state,  de- 
sire certain  laws  enacted. 

Every  member  of  either  house  has  the  right  to  introduce 
any  measure  that  he  sees  fit.  The  measure  when  introduced 
is  known  as  a  bill.  Instead  of  being  taken  up  at  once  for  de- 
bate, every  bill  is  referred  to  an  appropriate  committee.  Pro- 
vision is  made  for  a  number  of  standing  committees  in  each 
house,  and  each  committee  has  for  its  consideration  measures 
that  relate  to  one  particular  branch  of  the  government's  w'ork. 
In  the  committee  room  the  proposed  measure  is  talked  o\cr 
and  worked  over.  Often  the  committee  holds  what  is  known 
as  a  hearing,  at  which  persons  who  are  interested  may  appear 
and  favor  or  oppose  the  measure.  Later  the  committee 
makes  a  report  to  the  house,  recommending  either  that  the 
measure  be  passed  or  that  it  be  voted  down. 

When  the  committee  has  reported  a  bill,  th^  house  opens 
debate  on  it  after  it  has  been  printed  and  read  on  three 
separate  days.     The  bill  may  be  amended  by  the  house  in 


THE  STATE  LEGISLATURE  89 

any  way,  or  it  may  be  rejected.  The  house  is  largely  in- 
fluenced, however,  by  the  report  of  the  committee  which  has 
made  a  special  investigation  of  the  subject.  In  case  the  bill 
is  passed  in  one  house,  it  must  then  be  sent  to  the  other  house 
where  it  goes  through  a  very  similar  process.  In  the  end  it 
may  be  approved,  or  amended,  or  voted  down. 

This  is  the  manner  in  which  every  measure  proceeds  through 
the  legislature.  The  committee  system  makes  it  possible  to 
handle  many  propositions  in  the  short  term  of  sixty  days.  It 
also  provides  for  a  careful  consideration  of  every  proposal. 

THE  PO  WERS  OF  THE  GENERA L  A  SSEMBL  Y.  The 
General  Assembly  may  pass  any  law  that  it  is  not  forbidden 
by  the  constitution  to  pass,  and  which  does  not  conflict  with 
the  laws  made  by  the  national  government  at  Washington. 
It  is  necessary  for  the  constitution  to  specify  only  those  things 
which  the  legislature  may  not  do.  Chief  among  the  restric- 
tions placed  upon  the  legislature  are  those  which  secure  to  the 
people  certain  rights  which  we  have  already  discussed,  such, 
for  example,  as  the  freedom  of  speech  and  religion,  and  the 
right  not  to  have  property  taken  from  them  by  the  govern- 
ment without  just  compensation. 

The  legislature  is  also  prohibited  from  passing  what  is 
known  as  "special  acts"  in  regard  to  a  long  series  of  subjects. 
This  is  to  prevent  the  time  of  the  law-makers  from  being 
taken  up  in  enacting  laws  for  a  particular  locality,  or  a  special 
individual,  and  also  to  secure  to  every  person  in  the  state 
equal  rights  before  the  law. 

Aside  from  thesq  restrictions  upon  the  powers  of  the  legis- 
lature, the  General  Assembly  may  pass  any  act  it  pleases. 
It  is  not  necessary  for  us  to  examine  in  detail  what  the  nature 
of  these  laws  is.  It  is  sufficient  to  say  that  they  regulate, 
among  numerous  other  things,  business  relations,  property 
relations,  and  the  marriage  relations  of  the  people  of  the  state, 
and  provide  for  the  raising  of  taxes,  the  educational  interests, 
and  the  affairs  of  railways  and  other  corporations. 


90    GOVERNMENT  AND  POLITICS  IX  VIRGINIA 

THE  STATE  CAPITOL.  The  General  Assembly  meets 
at  Richmond,  the  capital  city  of  the  state.  In  a  handsome 
park,  beautifully  laid  out  and  containing  splendid  statues 
and  monuments,  stands  the  capitol  building  in  which  the 
legislature  holds  its  sessions.  The  central  portion  of  this 
building  was  built  in  1833.  Within  its  walls  have  been  heard 
some  of  the  most  distinguished  n  en  that  have  figured  in  the 


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THE  HALL  OF  THE  HOUSE  OF  DELEGATES 
Showing  the  desks  at  which  the  members  sit  during  the  sessions  of  the  General 

Assembly 

history  of  the  United  States.  Here,  too,  the  Congress  of  the 
Confederacy  sat.  Because  of  its  age  and  the  many  historical 
associations  that  surround  it,  this  building  has  become 
very  dear  to  the  people  of  Virginia.  With  the  growth  of  the 
business  of   the  government,   however,   it   became  entirely 


THE  STATE  LEGISLATURE  91 

inadequate,  and  some  years  ago  it  was  found  necessary  to  add 
two  large  wings  to  the  central  structure.  The  original 
building  was,  however,  preserved.  Even  with  these  addi- 
tional wings,  the  capitol  building  is  too  small  to  accommodate 
all  the  officers  of  the  state  government. 

INFLUENCES  UPON  OUR  LAW-MAKERS.  When  a 
man  has  been  chosen  to  the  legislature  many  people  suppose 
that  it  is  a  very  simple  matter  for  him  always  to  vote  honestly 
and  intelligently.  Perhaps  it  ought  to  be;  but  as  a  matter 
of  fact  a  great  many  influences  are  brought  to  bear  upon 
members  of  the  legislature  which  most  of  us  do  not  fully 
appreciate.  In  the  first  place,  a  member  usually  desires  to  be 
re-elected  at  the  end  of  his  term  of  office.  Sometimes  the 
voters  who  have  elected  him  are  controlled  by  a  man  known 
as  the  political  boss  of  the  community.  The  member  realizes 
that  he  must,  to  some  extent  at  least,  act  so  as  to  please  this 
boss  if  he  is  to  hope  for  re-election. 

In  the  second  place,  when  a  measure  is  proposed  that  is 
disadvantageous  to  some  large  corporation,  or  to  the  people 
engaged  in  a  certain  kind  of  business  (as,  for  instance,  the 
liquor  business),  all  sorts  of  efforts  are  made  to  induce  the 
law-makers  to  ignore  the  interests  of  the  people.  Shrewd 
lawyers  and  other  crafty  men  are  sent  to  Richmond  to  use 
their  influence  upon  the  members  of  the  legislature,  and  to 
convince  them,  if  possible,  that  the  proposed  measure  is  not 
for  the  interests  of  the  people.  This  is  called  lobbying. 
Many  bad  laws  are  made,  and  many  good  measures  fail  to  be 
enacted  by  reason  of  the  influence  which  lobbyists  frequently 
use.  It  must  not  be  thought,  however,  that  all  lobbying  is 
of  this  kind.  Many  good  men  also  go  before  the  committees 
of  the  legislature  and  lobby  with  its  members  to  secure  the 
passage  of  wise  laws. 

In  the  third  place,  the  law-makers  are  often  severely 
criticised  by  the  newspapers,  and  sometimes  this  criticism  is 
unjust.     It  is  a  ver>'  difficult  matter  for  a  man  in  public  life 


92    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

to  please  everybody  and  to  do  only  what  is  right.  Our  law- 
makers have  no  easy  task.  If  some  of  them  do  not  serve  the 
people  as  they  should,  we  ought  to  remember  that  we  are 
partly  responsible  for  this.  It  is  the  duty  of  the  people  in 
every  community  to  choose  as  their  representatives  in  the 
law-making  body  of  the  state  the  most  intelligent  and  the 
most  honorable  men  that  can  be  induced  to  serve.  And  it  is 
the  duty  of  a  delegate  or  senator  thus  chosen  to  follow  his 
sound  judgment  on  e\'cry  question  before  him.  He  should 
consider  always  only  the  best  interests  of  the  state,  regardless 
of  his  personal  ambitions,  and  in  spite  of  the  influences  that 
sometimes  seek  at  times  to  turn  him  aside. 

CLASS  EXERCISES 

1.  What  is  the  law-making  body  of  the  state  of  Virginia  called?  Into 
what  two  branches  is  it  di\idcd?  Does  your  city  or  county  constitute  a 
house  district  by  itscU'?  If  not,. find  out  what  other  communities  are 
grouped  with  it  to  form  your  house  district.  Find  out,  if  you  can,  how 
many  representatives  your  district  has  in  the  House  of  Delegates.  Do 
you  know  the  names  of  any  i)resent  representatives? 

2.  If  you  live  in  a  county,  find  out  what  other  counties  are  grouped 
with  yours  to  form  your  senatorial  district.  If  you  live  in  a  city,  find  out 
whether  your  city  constitutes  a  senatorial  district  by  itself.  If  not,  what 
other  communities  are  grouped  with  it?  Find  out,  if  you  can,  the  name  of 
the  present  senator,  or  senators,  from  your  district. 

3.  \\'ho  presides  over  the  Senate?  Over  the  House  of  Delegates? 
Have  you  ever  been  to  the  capitol  building  at  Richmond?  If  so,  describe 
the  park.  Describe  the  building.  If  you  have  seen  the  chambers  in 
which  the  houses  meet,  describe  them.  Have  you  ever  seen  the  houses 
in  session? 

4.  Suppose  you  desired  to  have  a  certain  law  passed,  how  would  you  go 
about  it?  Explain  in  full  how  such  a  measure  would  become  a  law  after 
being  introduced  into  one  of  the  houses  by  some  member.  What  is  meant 
by  the  committee  system? 

5.  What  is  meant  by  a  political  boss?  What  is  meant  by  lolibying? 
Explain  how  the  bosses  and  lobbyists  hinder  the  work  of  the  law-makers. 
How  can  the  people  of  any  community  prevent  this? 

6.  When  does  the  next  General  Assembly  meet?  How  long  will  it 
probably  sit?  Might  it  sit  longer?  ^^'hy  is  the  length  of  the  session  of 
the  General  Assembly  limited  by  the  constitution? 


CHAPTER  XIII 
THE  EXECUTION  OF  THE  LAWS 

STATE  AND  LOCAL  EXECUTIVE  OFFICERS.  After 
the  laws  have  been  passed  by  the  legislature,  it  is  necessary 
that  there  should  be  officers  to  see  that  these  laws  are  carried 
out.  The  enforcement  of  both  state  and  local  laws  is  in- 
trusted very  largely  to  local  officers  chosen  in  the  various 
communities  of  the  state.  For  example,  it  is  the  General 
Assembly  that  makes  the  laws  defining  crimes  and  providing 
punishment  for  those  who  commit  them;  but  it  is  the  city 
police  or  the  county  sheriff  and  constables  who  arrest  offenders 
who  violate  these  laws.  In  the  actual  enforcement  of  the 
laws  the  individual  in  any  community  usually  comes  in  con- 
tact with  county  and  city  officers  rather  than  with  state  offi- 
cers. In  addition  to  these  local  officers,  however,  there  are 
certain  state  officers  whose  duty  it  is  to  supervise  and  assist 
the  local  officers  in  the  execution  of  some  of  the  laws  of  the 
state  and  to  execute  directly  certain  laws  which  are  not  in- 
trusted to  local  officers  at  all. 

THE  ELECTED  STATE  OFFICERS.  At  the  head  of 
the  executive  department  of  the  state  government  stands  the 
Governor.  During  the  colonial  period  of  our  history  the 
Governor  of  Virginia  was  appointed  by  the  crown  in  England. 
After  our  independence  he  was  for  many  years  chosen  by  the 
General  Assembly ;  but  since  1851  he  has  been  elected  directly 
by  the  voters.  The  Governor  is  now  elected  in  November  of 
an  odd-numbered  year  (1925,  1929,  etc.).  He  enters  upon 
the  duties  of  his  office  on  the  first  day  of  the  following 
February,  and  remains  in  office  for  a  period  of  four  years. 
He  must  be  a  citizen  of  the  United  States,  at  least  thirty  years 
of  age,  and  must  have  resided  in  Virginia  for  at  least  five  years 

93 


94    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

preceding  his  election.  At  the  time  of  the  Governor's  elec- 
tion there  is  also  elected  an  officer  known  as  the  Lieutenant- 
Governor,  who,  in  case  the  Governor  dies  or  is  unable  to  per- 
form his  duties,  takes  the  place  of  the  Governor.  The  Lieu- 
tenant-Governor presides  over  the  Senate. 

The  people  of  the  state  also  elect  an  Attorney  General,  a 
Secretary  of  the  Commonwealth,  a  State  Treasurer,  a  Super- 
intendent of  Public  Instruction,  and  a  Commissioner  of  Agri- 
culture and  Immigration.  These  officers  are  chosen  at  the 
same  time  and  for  the  same  term  as  the  Governor.  In  addi- 
tion to  these  elected  officers  there  are,  as  we  shall  see,  a  number 
of  important  state  officers  who  are  appointed  either  by  the 
legislature  or  by  the  Governor  with  the  consent  of  the  Senate. 

THE  GOVERNOR.  The  powers  and  duties  of  the  Gov- 
ernor are  both  numerous  and  important.  In  the  first  place, 
although  he  is  the  chief  officer  of  the  executive  branch  of  the 
government,  he  nevertheless  has  a  considerable  share  in  the 
making  of  the  laws.  He  is  empowered,  for  instance,  to  send 
what  is  known  as  messages  to  the  legislature,  and  in  these 
messages  he  recommends  that  certain  laws  be  passed.  The 
General  Assembly  is  not  compelled  to  act  upon  the  recom- 
mendations of  the  Governor,  but  the  weight  of  his  influence 
is  large,  and  it  is  simply  a  fact  that  the  legislature  does  usually 
give  careful  attention  to  his  proposals.  The  Governor  also 
usually  advises  with  the  members  and  the  committees  of  the 
legislature  in  respect  to  important  laws  that  are  being  drawn 
up.  Before  any  bill  that  has  passed  both  houses  of  the  legis- 
lature can  become  a  law,  it  must  be  signed  by  the  Governor. 
If  he  does  not  approve  the  bill,  he  may  refuse  to  sign  it  and 
return  it  to  the  legislature  with  a  statement  of  his  objections 
to  the  measure.  This  is  called  the  Governor's  veto.  In 
case  the  Governor  vetoes  a  bill,  it  cannot  become  a  law  unless 
it  is  again  passed  by  both  houses  of  the  legislature  by  a 
majority  vote  of  two-thirds.     In  addition  to  these  powers,  it 


THE  EXECUTION  OF  THE  LAWS  95 

lias  already  been  mentioned  that  the  Governor  may  at  any 
time  call  an  extra  session  of  the  General  Assembly. 

In  the  second  place,  as  head  of  the  executive  department, 
the  constitution  requires  that  the  Governor  "shall  take  care 
that  the  laws  be  faithfully  executed."  To  this  end  it  is  his 
duty  to  keep  himself  informed  as  to  how  the  other  officers  of 
the  state  are  performing  their  duties.  He  may  require  any 
information  of  them,  or  he  may  at  any  time  inspect  their 
books.  When  the  General  Assembly  is  not  in  session,  he  has 
the  power  to  suspend  any  officer  at  the  capital,  except  the 
Lieutenant-Governor,  for  misbehavior,  or  because  he  is  not 
properly  performing  his  duty.  He  is  required  to  report  the 
whole  circumstances  of  such  a  suspension  to  the  next  General 
Assembly,  which  has  power  either  to  restore  the  officer  or  to 
remove  him  entirely.  The  Governor  also  has  power  to  name 
certain  of  the  important  executive  officers  of  the  government 
who  are  not  subject  to  election  by  the  voters  or  to  appoint- 
ment by  the  General  Assembly  itself. 

In  the  third  place,  the  Governor  is  commander-in-chief  of 
the  state  militia.  As  such,  he  has  power  to  call  out  these 
forces  when  they  are  occasionally  needed.  As  we  have  seen, 
the  militia  is  used  whenever  the  ordinary  police  officers  or 
constables  are  unable  to  suppress  a  riot  or  other  unusual  dis- 
turbance in  a  community. 

In  the  fourth  place,  the  Governor  has  power  to  pardon  per- 
sons who  have  been  convicted  of  crimes.  When  once  a  case 
has  been  finally  decided  by  the  courts  it  is  impossible  for  it 
to  be  taken  up  again  by  the  courts.  Occasionally,  however, 
it  happens  that  for  one  reason  or  another  a  person  who  has 
been  convicted  of  crime  ought  not  to  be  punished  to  the  full 
extent  of  his  sentence.  The  Governor  has  the  power  to  re- 
lease a  prisoner  from  punishment  or  to  shorten  his  sentence 
or  to  remit  his  fine.  He  does  this,  however,  only  in  ex- 
ceptional cases.  He  does  not  allow  those  who  ought  to  be 
punished  to  play  upon  his  sympathies. 


96    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

THE  SECRETARY  OF  THE  COMMONWEALTH.  It 
is  the  duty  of  this  officer  to  keep  a  daily  record  of  the  acts  of 
the  Governor  and  to  perform  services  of  a  varied  character  in 
connection  with  the  enforcement  of  the  laws.  He  keeps  the 
great  seal  of  Virginia,  and  many  important  records  are  cared 
for  in  his  office. 

THE  ATTORNEY  GENERAL.  It  frequently  happens 
that  the  officers  who  are  required  to  execute  the  laws  are  not 
able  to  decide  exactly  what  this  or  that  provision  of  the  law 
means.     The  Attorney  General  is  the  officer  whose  duty  it  is- 


CAPITOL  SQUARE,   RICHMOND,   VIRGINIA 

Showing  the  west  entrance  of  the  Capitol  buildinft,  where  the  General  Assembly 

sits  and  where  most  of  the  state  executive  offices  are  located. 

The  Governor's  mansion  is  seen  dimly  in  the  background 


to  give  his  opinion  to  the  Governor  and  other  officers  at  the 
scat  of  government  on  questions  of  law.  In  certain  cases, 
moreover,  when  the  state  of  Virginia  brings  suit  against  a 
person  or  is  sued,  the  Attorney  General  is  the  officer  who 
represents  the  government  before  the  courts.     Whenever  a 


THE  EXECUTION  OF  THE  LAWS  97 

person  who  has  been  convicted  of  crime  appeals  to  the  highest 
court  of  the  state  (the  Supreme  Court  of  Appeals),  it  is  the 
duty  of  the  Attorney  Genei'al  to  prosecute  the  prisoner  be- 
fore this  court.  These  are  the  principal  duties  of  the  Attorney 
General. 

STATE  FINANCIAL  OFFICERS.  The  State  Auditor, 
who  is  chosen  by  the  General  Assembly  for  a  term  of  four 
years,  is  the  officer  who  receives  the  money  that  is  collected 
in  the  various  communities  of  the  state  for  the  purpose  of 
defraying  the  expenses  of  the  state  government.  He  deposits 
this  money  with  the  State  Treasurer,  who,  as  we  have  seen,  is 
elected  by  the  people.  When  any  officer  or  person  has  a 
claim  against  the  state,  it  is  the  Auditor  who  examines  his 
claim  and  issues  an  order  or  warrant  directing  the  Treasurer 
to  pay  the  claim  in  question.  There  is  also  a  Second  Auditor, 
chosen  by  the  General  Assembly,  who  performs,  with  reference 
to  certain  special  funds,  duties  similar  to  those  of  the  Auditor. 

ST  A  TE  DEPARTMENT  OF  ED  UCA  TION.  The  chief 
executive  officer  of  the  public  school  system  of  Virginia  is  the 
Superintendent  of  Public  Instruction.  He  exercises  general 
supervision  over  the  schools  of  the  state  and  seeks  in  every 
way  to  encourage  the  improvement  of  schools  and  to  awaken 
interest  in  public  education.  He  uses  his  influence  with  the 
legislature  to  secure  appropriations  for  the  schools  and  to 
have  wise  laws  enacted  in  the  interest  of  the  public  school 
system. 

The  Superintendent  Is  assisted  and  controlled  by  the  State 
Board  of  Education.  This  board  consists  of  the  Superin- 
tendent himself,  who  is  its  president,  the  Governor,  the 
Attorney  General,  three  members  who  are  chosen  from  the 
faculties  of  the  state  institutions  of  higher  learning,  and  one 
county  and  one  city  superintendent  of  schools.  The  board 
has  very  large  powers  over  the  educational  system  of  the 
state.  It  makes  many  rules  and  regulations  for  the  manage- 
ment of  the  schools  in  addition  to  the  laws  that  are  enacted  by 


98    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

the  legislature.  One  of  its  most  important  functions  is  to  se- 
lect the  text-books  that  may  be  used  in  the  public  schools 
throughout  the  state.  ^ 

The  Superintendent  of  Public  Instruction  is  also  assisted 
in  many  ways  by  the  State  Board  of  Examiners.  This  board 
consists  of  five  members  appointed  by  the  State  Board  of 
Education.  For  the  work  of  this  board  the  entire  state  is 
divided  into  fi\e  circuits,  one  of  \\ hich  is  assigned  to  each  ex- 
aminer. It  is  the  duty  of  the  members  of  this  board  to 
examine  and  issue  licenses  to  those  who  desire  to  teach  in  the 
public  schools.  They  also  tra\el  about  in  their  circuits  hold- 
ing teachers'  institutes  and  forming  citizens'  leagues  for  the 
purpose  of  arousing  interest  in,  and  advancing  the  cause  of, 
public  education. 

In  every  community  of  the  state  there  is  a  local  school 
officer  called  the  division  superintendent  of  schools.  Al- 
though these  division  superintendents  exercise  their  powers 
only  in  their  respective  localities,  they  are  nevertheless  ap- 
pointed by  the  State  Board  of  Education,  their  appointments 
being  subject  to  the  approval  of  a  vote  of  the  Senate. 
In  a  sense,  therefore,  they  represent  the  state  government 
rather  than  the  local  government  of  their  respective  com- 
munities. 

THE  DEPARTMENT  OF  AGRICULTURE  AND  IM- 
MIGRATION. It  is  the  duty  of  the  Commissioner  of  Agri- 
culture and  Immigration  to  collect  information  in  regard  to 
the  climate,  soil,  crops,  and  minerals  of  the  state  and  to  fur- 
nish this  information  to  farmers  and  others  who  desire  it.  He 
has  charge  of  the  inspection  of  fertilizers  and  of  seeds,  of  the 
farmers'  institutes,  and  of  certain  experiment  stations.  In 
many  wa)s  he  encourages  and  assists  the  farmer  and  the  cattle 
raiser.  He  endeavors  also  to  show  to  people  who  are  looking 
for  a  place  of  settlement  the  natural  advantages  that  are  to 
be  found  in  the  state  of  Virginia.  The  Commissioner  is 
assisted  and  directed  by  the  Board  of  Agriculture  and  Im- 


THE  EXECUTION  OF  THE  LAWS  99 

migration,  which  consists  of  the  President  of  the  Virginia 
Polytechnic  Institute  and  of  one  member  from  each  of  the  ten 
congressional  distrigts  into  which  the  state  is  divided.  Every 
member  must  be  a  practical  farmer  and  is  appointed  by  the 
Governor  for  a  term  of  four  years,  subject  to  the  approval  of 
the  Senate. 

In  connection  with  the  Department  of  Agriculture  and 
Immigration  there  is  a  Division  of  Dairy  and  Pure  Food  In- 
spection. This  division  is  in  charge  of  the  Dairy  and  Food 
Commissioner,  an  officer  who  is  appointed  by  the  Governor 
and  the  Senate.  The  duties  of  the  division  are  perhaps 
sufficiently  indicated  by  its  name. 

THE  STATE  CORPORATION  COMMISSION.  The 
members  of  this  commission  are  appointed  by  the  Governor, 
subject  to  the  approval  of  the  entire  General  Assembly. 
They  hold  office  for  terms  of  six  years.  This  commission  is 
one  of  the  most  important  branches  of  the  state  executive 
organization.  It  has  the  power  to  issue  what  are  known  as 
charters  of  incorporation.  Whenever  a  number  of  persons 
wish  to  join  themselves  together  for  the  purpose  of  conducting 
a  business,  or  a  charitable,  social,  or  other  organization,  they 
can  apply  to  the  Corporation  Commission  for  a  charter. 
Having  received  such  a  charter,  they  can  act  just  as  if  they 
were  a  single  person  instead  of  a  group  of  persons.  The 
laws  regulate  the  conditions  under  which  charters  of  this  kind 
may  be  issued. 

The  Corporation  Commission  also  has  many  important 
Juties  to  perform  in  connection  with  the  supervision  of  per- 
sons and  corporations  engaged  in  the  insurance  business  and 
the  banking  business.  The  government  places  such  business 
under  special  regulations  in  order  to  protect  the  people  from 
mismanagement  and  frauds.  The  Commissioner  of  In- 
surance and  the  Chief  Bank  Examiner  have  charge  of  these 
duties;  but  they  perform  their  duties  under  the  gen^''^]  (\\. 
rection  of  the  State  Corporation  Commission. 


100  GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

We  have  already  noted  that  the  government  regulates 
the  rates  and  the  service  of  railway,  telegraph,  and  telephone 
companies.  This  is  the  most  important  power  that  is  con- 
ferred upon  the  Corporation  Commission. 

THE  BUREAU  OF  LABOR  AND  INDUSTRIAL 
STATISTICS.  This  bureau  is  in  charge  of  a  Commissioner 
of  Labor  and  Industrial  Statistics  appointed  by  the  Governor 
and  Senate.  It  is  the  duty  of  the  bureau  to  gather  informa- 
tion and  make  investigations  concerning  the  working  and 
living  conditions  of  laborers  in  the  state.  It  is  also  charged 
with  the  enforcement  of  those  laws  which  are  enacted  for  the 
benefit  of  persons  employed  in  labor. 

STATE  HIGHWAY  COMMISSIONER.  This  officer 
is  appointed  by  the  Governor,  with  the  consent  of  the  Senate, 
and  has  charge  of  the  appropriations  which  the  state  govern- 
ment makes  for  the  construction  and  maintenance  of  roads. 
He  also  gives  information  and  assistance  to  those  who  are 
interested  in  the  subject  of  road-building,  and  otherwise  en- 
forces the  laws  of  the  state  dealing  wit  li  this  matter.  He  sends 
forces  of  convicts  to  various  parts  of  the  state  where  they  are 
needed  for  the  construction  of  roads.  The  commissioner  is 
assisted  and  controlled  by  the  State  Highway  Commission 
of  fi\e  members  appointed  by  the  Governor  and  the  Senate. 

DEPARTMENT  OF  PUBLIC  HEALTH.  This  depart- 
ment is  controlled  by  the  State  Board  of  Health,  consisting  of 
twelve  members  appointed  by  the  Governor.  Under  the 
general  direction  of  this  board,  the  Commissioner  of  Health, 
who  is  also  appointed  by  the  Governor,  is  in  active  charge  of 
the  execution  of  many  of  the  health  laws  of  the  state.  The 
department  maintains  laboratories  in  Richmond  for  the  study 
of  the  methods  of  preventing  and  curing  dangerous  diseases, 
and  for  the  free  examination  of  specimens  which  are  sent  to  the 
department  by  physicians  throughout  the  state.  By  means 
of  lectures,  publications,  and  through  the  daily  press,  the  de- 
partment distributes  a  great  deal  of  information  on  the  sub- 


THE  EXECUTION  OF  THE  LAWS  101 

ject  of  diseases  and  the  methods  of  preventing  them.  It  also 
supplies,  at  the  smallest  possible  cost,  antitoxin  for  the  cure  of 
diphtheria,  the  virus  that  is  used  for  vaccination,  and  dis- 
infectants that  are  used  for  fumigating.  This  is  done  not 
only  to  lessen  the  cost  of  these  things  to  the  people  but  also  to 
insure  their  quality.  Every  physician  in  the  state  is  required 
to  report  to  some  local  officer  all  cases  of  dangerous  diseases 
that  come  to  his  attention,  and  these  local  officers  in  turn 
furnish  this  information  to  the  state  department.  The  de- 
partment also  is  required  to  inspect  every  hospital  in  the  state 
at  least  once  a  year.  The  State  Board  of  Health  has  very 
large  power  to  make  regulations  of  various  kinds  to  prevent 
those  things  that  are  dangerous  to  the  public  health.  These 
regulations  have  the  same  force  as  laws  enacted  by  the  Gen- 
eral Assembly.  The  State  Board  also  has  power  to  appoint 
local  boards  of  health  in  most  cities  and  counties. 

STATE  INSTITUTIONS  AND  PRISONS.  The  gov- 
ernment maintains  at  Richmond  a  penitentiary  in  which  are 
•confined  all  those  persons  who  have  committed  grave  offences 
against  the  laws  of  the  state.  This  prison  is  in  charge  of  five 
Directors  who  are  appointed  by  the  Governor  and  the  Senate. 
This  board  appoints  the  Superintendent  of  the  penitentiary, 
and  the  surgeons  and  other  officers  that  are  necessary  for  the 
management  of  the  prison.  Some  of  the  prisoners  who  are 
sent  to  the  penitentiary  are  taken  care  of  on  what  is  known  as 
the  state  farm,  which  is  in  charge  of  a  Superintendent  ap- 
pointed by  the  penitentiary  board. 

The  state  government  maintains  hospitals  for  the  insane  at 
Williamsburg,  Staunton,  Marion,  and  Petersburg,  and  a 
Colony  for  Epileptics  and  the  Feeble-Minded  in  Amherst 
County.  Each  of  these  institutions  is  in  charge  of  a  board  of 
directors  appointed  by  the  Governor  and  the  Senate.  A 
general  board,  consisting  of  all  of  the  members  of  these  special 
boards,  has  general  supervision  over  all  these  hospitals. 
There  is  also  a  Commissioner  of  the  State  Hospitals  for  the 


102  GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Insane,  who  is  appointed  by  the  Governor,  and  who  has  gen- 
eral direction  of  the  expenditure  of  moneys  for  the  hospitals 
and  the  keeping  of  their  records. 

THE  BOARD  OF  CHARITIES  AND  CORRECTIONS. 
This  board  consists  of  five  members  appointed  by  the  Gov- 
ernor and  the  Senate.  It  is  the  duty  of  the  board,  or  of  the 
secretary  whom  they  employ,  to  visit  at  least  once  a  year 
every  state,  county,  city,  or  private  institution  which  carries 
on  any  charitable  work  or  in  which  prisoners  are  confined. 
The  board  also  appoints  local  visitors  for  jails  and  almshouses. 
This  board  has  very  little  power  over  these  institutions,  but 
it  examines  into  their  condition,  gives  advice  as  to  matters 
that  need  correction,  and  prevents  many  objectionable 
things  that  might  go  on  in  these  institutions  without  being 
known  to  the  public.  This  board  also  has  control  over  de- 
linquent and  neglected  children. 

THE  INDUSTRIAL  COMMISSION.  This  commission 
consists  of  three  members  appointed  by  the  Governor  and 
the  Senate.  It  determines,  according  to  law,  the  amount  of 
compensation  that  must  be  paid  by  employers  when  their 
employees  are  injured  or  killed  as  a  result  of  accidents  in- 
curred in  connection  with  their  work. 

OTHER  STATE  OFFICERS.  There  are  a  few  other 
officers  of  the  state  government  whose  duties  it  seems  un- 
necessary to  describe  in  detail.  Among  these  may  be  men- 
tioned the  Register  of  the  Land  Office,  and  the  Superintendent 
of  Printing,  who  are  chosen  by  the  General  Assembly.  There 
are  also  the  Adjutant  General,  the  Secretary  of  Virginia  Mili- 
tary Records,  the  State  Librarian,  the  State  Accountant,  the 
Commissioner  of  Prohibition,  the  Director  of  the  Legislative 
Reference  Bureau,  the  Governor's  Military  Staff,  the  Boards 
of  Visitors  of  various  state  institutions  of  higher  learning,  the 
Board  of  Fisheries,  and  the  Boards  of  Examiners  for  lawyers, 
physicians,  pharmacists,  dentists,  opticians,  graduate  nurses, 
veterinarians  and  embalmers. 


THE  EXECUTION  OF  THE  LAWS  103 

CLASS  EXERCISES 

1.  If  the  General  Assembly  lays  a  tax  upon  certain  property  throughout 
the  state,  what  officers  in  your  community  would  collect  this  tax?  If 
a  man  commits  a  crime  in  your  community,  is  he  arrested  by  a  local  or  a 
state  officer?  Has  he  violated  a  local  or  a  state  law?  Explain,  then, 
how  state  laws  aie  often  executed  by  local  officers. 

2.  Mention  all  the  state  officers  who  are  elected  by  the  people.  Find 
out  the  names  of  as  many  of  these  officers  as  you  can.  Who  is  the  present 
Governor  of  Virginia?  How  and  when  was  he  chosen?  How  much  longer 
has  he  to  .serve?  Do  you  know  anything  about  his  life?  To  what  political 
party  does  he  belong?     How  was  he  nominated  bj'  his  party? 

3.  What  is  meant  by  the  Governor's  message?  Why  does  the  law  re- 
quire him  to  send  a  message?  What  is  meant  by  his  veto?  How  may  it 
be  overcome? 

4.  What  control  does  the  Governor  have  over  the  other  executive 
officers?  What  is  his  position  in  the  militia?  What  is  meant  by  his 
pardoning  power?  If  he  should  die  in  office,  who  w^ould  succeed  him? 
What  duty  has  the  Lieutenant-Governor? 

5.  Mention  all  the  important  state  officers  who  are  appointed  by  the 
Governor.  \Miat  officers  are  chosen  by  the  General  Assembly?  Find 
out  the  names  of  as  many  of  these  officers  as  you  can. 

6.  What  are  the  duties  of  the  Secretary  of  State?  The  Attorney  Gen- 
eral?    The  State  Auditor?     The  State  Treasurer?     The  Second  Auditor? 

7.  Describe  the  organization  and  duties  of  the  State  Department  of 
Education.  Who  is  the  present  Superintendent  of  Public  Instruction? 
Find  out  the  names  of  the  present  members  of  the  State  Board  of  Educa- 
tion. Who  is  your  division  superintendent  of  schools?  When  and  how 
was  he  appointed?     How  long  has  he  to  serve? 

8.  Describe  the  organization  and  duties  of  the  Department  of  Agri- 
culture and  Immigration.  The  State  Corporation  Commission.  The 
Bureau  of  Labor.  The  State  Highway  Department.  The  Department 
of  Public  Health. 

9.  How  are  state  institutions  and  prisons  rnanaged?  What  is  the  Board 
of  Charities  and  Corrections?     The  Industrial  Commission? 


CHAPTER  XIV 

THE  STATE  COURTS 

THE  NECESSITY  FOR  COURTS.  It  is  easy  to  under- 
stand how  people  will  sometimes  differ  in  opinion  as  to  what 
the  law  really  means,  and  how  laws  may  sometimes  conflict 
with  one  another.  Moreover,  it  is  often  very  difficult  to  find 
out  the  facts  about  a  matter  which  the  law  attempts  to  regu- 
late. For  instance,  a  dispute  may  arise  as  to  which  of  two 
parties  owns  a  piece  of  property;  each  party  may  claim  that 
he  has  the  right  to  it  under  the  law.  Similar  disputes  might 
arise  over  a  debt,  or  over  an  agreement  or  contract  between 
two  parties.  These  disputes  may  be  very  complicated,  in- 
volving many  points  to  be  considered. 

Suppose  a  man  is  accused  of  some  offense  against  the  crimi- 
nal laws  of  the  state,  such,  for  instance,  as  robbery  or  murder. 
Whatever  punishment  is  to  be  inflicted  upon  him  will  depend 
on  two  things.  First,  it  will  depend  on  the  facts  of  the  case, 
involving  the  question  of  whether  he  really  committed  the 
act,  and  if  so,  whether  it  was  partially  or  wholly  justifiable. 
Second,  it  will  depend  on  what  particular  law  will  apply  to 
the  circumstances  under  which  the  crime  was  committed. 

Now  it  must  be  very  clear  that  every  time  an  attempt  is 
made  to  apply  the  law  to  a  particular  case,  many  questions 
will  arise  in  regard  to  the  facts  of  the  case  and  the  meaning  of 
the  law  which  is  applied  to  these  facts.  There  must,  there- 
fore, be  a  judicial  department  of  the  government,  whose  duty 
it  is  to  explain  the  laws  and  apply  them  in  particular  instances. 
This  part  of  the  government's  work  is  accomplished  by  the 
courts. 

THE  PROTECTION  OF  THE  COURTS.  It  is  the  courts 
that   constitute   our   strongest   protection   against   injustice. 

104 


THE  STATE  COURTS  105 

If  any  individual  of  the  community  feels  that  an  injury  has 
been  done  him  by  another  member  of  the  community  con- 
trary to  the  law,  he  applies  to  the  courts  to  determine  the 
matter.  If  he  feels  that  the  officers  of  the  government  are 
overstepping  their  authority  and  are  trampling  upon  his 
rights  and  liberties,  he  goes  to  the  courts  with  his  grievance. 
If  a  bad  member  of  the  community  commits  a  crime,  it  is 
the  courts  that  examine  into  the  facts  and  circumstances  of 
the  case  and  determine  what  his  punishment  shall  be  in 
accordance  with  the  law.  Few  people  pass  through  life  with- 
out on  some  occasion  finding  it  necessary  to  seek  the  assist- 
ance or  the  protection  of  the  courts. 

It  is  a  fundamental  principle  of  justice  among  the  English- 
speaking  people  that  there  must  be  in  every  community  at 
least  one  court  for  the  settlement  of  perplexing  questions  of 
fact  and  law.  In  other  words,  every  man  must  have  the  pro- 
tection of  the  courts  within  his  reach.  The  system  of  courts 
in  Virginia  by  which  this  is  accomplished  is  somewhat  com- 
plicated. There  are  a  number  of  different  kinds  of  courts, 
each  with  certain  limits  to  the  powers  that  it  may  exercise. 
It  is  unnecessary  to  examine  in  detail  the  powers,  or  jurisdic- 
tion, as  it  is  usually  called,  of  these  various  courts.  It  will 
be  sufficient  for  us  to  get  a  general  idea  of  the  system  of  courts 
in  the  state.     There  are  in  the  main  four  classes  of  courts. 

THE  JUSTICES'  COURTS  AND  POLICE  COURTS. 
In  every  county  in  Virginia  there  are  a  number  of  justices  of 
the  peace  whose  duty  it  is  to  hold  courts  for  the  trial  of  petty 
offenses  against  the  laws  of  the  state  and  the  county.  In  the 
cities,  likewise,  there  is  a  similar  court  usually  called  the  police 
court.  These  courts  constitute  the  most  numerous  branch  of 
courts  in  the  state.  It  must  be  remembered,  however,  that 
they  have  authority  to  try  only  such  petty  offenses  as  are  pun- 
ishable by  small  fines  or  short  terms  of  imprisonment  in  jail. 
They  can  also  determine  disputes  in  regard  to  property  and 
debts  where  only  small  amounts  are  involved.  '  In  many  in- 


106    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

stances  even  after  a  case  has  been  decided  in  these  lowest 
courts  of  the  state,  the  law  provides  that  it  may  be  carried  to 
the  next  higher  court,  and  there  be  reviewed. 

THE  CIRCUIT  COURTS.  Next  above  the  justices'  courts 
are  the  circuit  courts.  In  all  there  are  thirty-one  such  courts 
in  Virginia.  For  this  purpose  the  whole  state  is  divided  into 
thirty-one  circuits.  Each  circuit  consists  of  a  number  of 
counties  or  a  county  and  a  city.  The  court  of  any  circuit 
is  held,  as  the  occasion  may  demand,  in  this  or  that  county  or 
city  of  the  circuit;  and  from  the  fact  that  it  moves  from  place 
to  place,  it  takes  its  name,  the  "circuit"  court.  It  is  this 
court  which  has  the  authority  to  hear  by  far  the  larger  number 
of  cases  that  arise.  In  cases  arising  out  of  disputes  over  such 
things  as  property  and  debts,  the  law  provides  that  they  must 
involve  a  certain  amount  of  money  if  they  are  to  be  brought 
before  the  circuit  court.  If  a  person  is  arrested  for  an  offense 
against  the  law,  he  can  be  tried  in  the  circuit  court  only  when 
the  offense  is  so  serious  that  it  may  be  punished  by  imprison- 
ment in  the  state  penitentiary.  Thus  small  cases  and  trials 
for  petty  offenses  are  left  to  the  justices*  and  police  courts. 

THE  CITY  OR  CORPORATION  COURTS.  In  addition 
to  the  circuit  court,  every  city  of  ten  thousand  inhabitants 
may  have  an  additional  court  known  as  a  corporation  court. 
Cities  which  have  as  many  as  thirty  thousand  inhabitants 
have  a  number  of  different  courts,  each  with  the  power,  or 
jurisdiction,  to  try  cases  of  certain  kinds  prescribed  by  the 
law.  It  is  natural  that  many  more  cases  should  arise  in  large 
cities  than  in  farming  communities.  A  special  and  more 
elaborate  system  of  city  courts  is  therefore  provided. 

THE  SUPREME  COURT  OF  APPEALS.  At  the  top  of 
the  system  of  courts  provided  for  Virginia  stands  the  Supreme 
Court  of  Appeals.  This  court  has  the  power  to  hear  cases 
which  may  have  been  tried  in  the  circuit  courts  and  the  various 
city  courts,  and  which  may  be  carried,  in  accordance  with  the 
law,  to  the  highest  court  of  the  state  for  a  last  hearing.     The 


o 
o 

OS 

o 


108    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Supreme  Court  holds  sessions  at  different  times  of  the  year 
in  Richmond,  Staunton,  and  Wytheville. 

THE  JUDGES.  The  justices'  courts  are  presided  over  by 
justices  of  the  peace,  elected  by  the  people  of  the  district  in 
which  they  serve.  All  the  other  courts  in  the  state,  however, 
are  presided  over  by  judges.  For  each  circuit  court  and  for 
each  city  court  one  judge  is  chosen  by  the  General  Assembly 
for  a  term  of  eight  years.  The  Supreme  Court  of  Appeals 
consists  of  five  judges  chosen  by  the  General  Assembly  for  a 
term  of  twelve  years  each.  It  is  provided  that  the  judges  in 
all  of  these  courts  shall  be  men  trained  in  the  law,  either  by 
having  previously  held  a  judicial  position,  or  by  having  prac- 
tised law  for  a  period  of  at  least  five  years.  It  is  provided 
also  that  their  salaries  shall  not  be  increased  or  diminished 
during  their  terms  of  office.  This  is  in  order  to  prevent  the 
General  Assembly  from  gaining  any  control  over  the  honesty 
and  impartiality  of  the  judges  of  the  state,  by  refusing  to  con- 
tinue their  salaries. 

There  is  a  very  good  reason  why  our  judges  are  chosen  for 
terms  of  eight  and  twelve  years,  instead  of  for  a  term  of  four 
years  as  in  the  case  of  the  Governor.  One  of  the  principles 
that  lie  at  the  bottom  of  our  judicial  system  is  that  every 
man,  no  matter  how  poor  and  obscure,  shall  be  equal  to  any 
other  man  when  he  appears  before  the  courts.  If  our  judges 
were  subjected  to  the  control  of  political  parties  by  reason  of 
frequent  elections,  their  decisions  might  sometimes  be  in- 
fluenced by  their  desire  for  reappointment.  The  object, 
therefore,  of  choosing  the  judges  for  long  terms  is  that  they 
may  be  separated  from  any  control  of  politics,  and  that  they 
may  feel  free  to  interpret  the  law  with  absolute  impartiality. 

THE  TRIAL  OF  CASES  BEFORE  THE  CO URTS.  How 
does  a  person  proceed  w^hen  he  feels  that  it  is  necessary  for 
him  to  call  on  the  courts  for  assistance  in  maintaining  his 
rights  against  some  other  person?  If  he  ascertains  that  the 
law  is  probably  in  favor  of  his  claim,  he  usually  places  the 


THE  STATE  COURTS  109 

matter  in  the  hands  of  a  lawyer,  who  brings  it  before  the  proper 
court  at  the  proper  time,  and  in  accordance  with  the  regula- 
tions prescribed  for  such  proceedings.  The  other  party  con- 
cerned generally  employs  a  lawyer  to  represent  him;  and  the 
matter  is  fought  out  between  these  lawyers  in  the  presence 
of  the  court.  The  facts  are  all  heard,  the  law  is  interpreted 
and  applied,  and  a  decision  is  rendered.  Such  a  case  as  this 
is  called  a  civil  suit.     In  such  a  suit  no  person  is  on  trial. 

In  case  an  individual  is  arrested  and  accused  of  some  crime, 
he  usually  employs,  or  else  the  government  provides  for  him,  a 
lawyer  to  represent  his  cause  before  the  court.  Opposed  to 
this  lawyer  is  an  officer  known  as  the  commonwealth's  attor- 
ney, who  is  himself  a  lawyer  representing  the  community. 
It  is  the  duty  of  this  officer  to  bring  out  before  the  court  all 
the  facts  that  will  help  to  show  the  guilt  of  the  prisoner.  You 
see,  therefore,  that  we  again  have  two  lawyers  struggling  with 
each  other  in  the  presence  of  the  court  on  opposite  sides  of 
the  question  to  be  decided.  Such  a  case  as  this,  in  which  a 
person  is  being  tried  for  a  crime  of  which  he  is  accused,  is 
called  a  criminal  case.  In  any  criminal  case  the  government 
itself,  represented  by  the  commonwealth's  attorney,  is  one  of 
the  parties  concerned.  A  man  who  has  committed  a  crime 
has  really  committed  an  injury  against  the  whole  people  of 
the  community,  and  the  government  must  punish  him  if  his 
guilt  can  be  proved. 

CLASS  EXERCISES 

1.  Suppose  a  dispute  arises  between  two  persons  over  a  debt,  how  is 
it  usually  settled?  Suppose  a  man  is  arrested  for  stealing,  who  deter- 
mines his  punishment?  Why  are  the  courts  necessary?  How  do  they 
protect  us  from  injustice? 

2.  Have  you  ever  been  in  a  court  room?  If  so,  describe  it.  Do  you 
know  the  name  of  any  justice  of  the  peace  in  your  neighborhood  (or  of  a 
police  justice)?  Where  is  his  court  held?  If  a  man  is  arrested  for  fight- 
ing in  your  community,  before  what  court  would  he  be  taken? 


no    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

3.  If  you  live  in  a  city,  try  to  find  out  how  many  courts  there  are  in 
your  city  and  what  they  are  called.  If  you  live  in  a  county,  find  out  where 
the  circuit  court  sits.     Why  is  it  called  a  circuit  court? 

4.  Describe  the  system  of  courts  in  Virginia.  Why  are  the  judges 
appointed  for  long  terms?  W^hy  may  not  the  legislature  increase  or  di- 
minish their  salaries? 

5.  What  is  the  highest  court  in  Virginia?  How  many  judges  sit  in  it? 
How  are  they  appointed  and  for  what  term? 

6.  Explain  how  in  every  case,  whether  civil  or  criminal,  there  are 
lawyers  on  each  side  of  the  question.  What  is  the  duty  of  the  common- 
wealth's attorney?  Find  out,  if  you  can,  who  is  the  commonwealth's 
attorney  in  your  community. 


CHAPTER  XV 
THE  GOVERNMENT  OF  COUNTIES 

WHY  COUNTY  GOVERNMENT  WAS  ESTABLISHED 
IN  VIRGINIA.  The  entire  state  of  Virginia  is  divided  into 
one  hundred  districts  known  as  counties.  In  each  of  these 
counties  a  local  government  is  established.  It  is  the  duty 
of  the  county  government  to  attend  to  certain  matters  that 
are  of  interest  primarily  to  the  locality.  Its  officers  also 
enforce  many  of  the  laws  that  are  enacted  by  the  state  legis- 
lature in  Richmond. 

County  government  dates  back  to  a  very  early  period  in  the 
history  of  England.  When  the  settlers  came  over  to  America 
and  established  the  colony  of  Virginia,  they  simply  trans- 
planted to  Virginia  the  county  form  of  government  to  which 
they  had  been  accustomed  in  England.  As  we  have  already 
had  occasion  to  note  the  people  of  Virginia,  as  in  the  rest  of 
the  South,  settled  upon  large  farms  or  plantations.  They 
thus  lived  considerable  distances  from  one  another.  Now  this 
fact  had  an  important  influence  upon  the  kind  of  government 
that  developed  in  Virginia.  It  would  have  been  impossible, 
for  example,  for  the  people  of  Virginia  to  establish  the  kind 
of  local  government  that  developed  in  New  England.  The 
people  who  settled  in  New  England  came  over  to  this  country 
largely  that  they  might  enjoy  religious  freedom.  They  came, 
therefore,  in  congregations  or  groups.  They  did  not  separate 
and  settle  on  large  estates.  They  built  their  homes  close 
around  the  church  and  the  schoolhouse.  Living  as  they  did 
quite  close  together,  it  was  natural  for  them  to  adopt  a  direct, 
or,  as  we  say,  popular  or  democratic  form  of  governm.ent. 
All  the  inhabitants  of  each  community  met  together  and  de- 
cided what  their  local  laws  should  be  and  who  should  be  their 

111 


112    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

officers.  This  form  of  local  government  still  prevails  in  New 
England  and  in  a  somewhat  different  form  it  has  been  adopted 
in  other  parts  of  the  United  States.  It  is  known  as  township 
government  and  the  assembly  of  the  voters  is  called  the  town 
meeting. 

Instead  of  township  government  the  people  of  Virginia 
adopted  the  county  form  of  government.  All  the  people  of  a 
county  do  not  come  together  for  the  purpose  of  making  laws 
and  choosing  officers.  They  merely  go  to  the  several  polls 
and  elect  representatives  to  make  the  county  laws  for  them 
and  in  the  same  way  they  choose  the  officers  who  are  to  en- 
force these  laws. 

THEPOWERS  OF  THE  COUNTY  GOVERNMENT.  The 
county,  which  is  only  a  subordinate  district  of  the  state,  is 
permitted  to  exercise  only  those  powers  that  are  granted  by 
the  state  constitution  and  the  state  legislature.  The  county 
does  not,  in  fact,  enact  many  local  laws.  For  the  most  part 
its  officers  are  engaged  simply  in  enforcing  the  laws  passed 
by  the  state  legislature.  For  example,  it  is  the  officers  of  the 
county  who  preserve  the  peace  by  arresting  those  who  violate 
the  laws  of  the  state.  The  county  also  provides  the  court- 
house in  which  such  persons  are  tried  and  the  jail  in  which 
they  are  imprisoned.  In  this  courthouse,  too,  are  heard  those 
controversies  which  arise  between  individuals  in  the  county. 
The  state  laws  require  also  that  the  county  shall  make  pro- 
vision for  the  care  of  the  poor.  It  is  the  county,  moreover, 
which,  under  the  laws  of  the  state,  makes  provision  for  the 
building  and  maintenance  of  schoolhouses  and  for  the  con- 
struction of  roads  and  bridges. 

THE  COUNTY  BOARD  OF  SUPERVISORS.  Every 
county  is  divided  into  three  or  more  districts  that  are  known  as 
magisterial  districts.  Once  in  every  four  years,  in  November, 
the  voters  of  each  district  elect  a  supervisor  of  the  district; 
and  the  supervisors  of  the  several  districts  form  what  is  known 
as  the  county  board  of  supervisors.     The  law  confers  upon  this 


THE  GOVERNMENT  OF  COUNTIES 


113 


board  the  power  to  make  such  rules  and  regulations  as  may  be 
necessary  for  the  government  of  the  county.  It  is  this  board 
also  which  decides  upon  the  building  and  repairing  of  roads 
and  bridges  and  which  provides  for  the  erection  of  school- 
houses,  the  courthouse,  the  jail,  and  the  poorhouse.  It  is 
this  board  which  levies  the  taxes  that  are  necessary  for  these 
various  purposes  and  which  borrows  money  in  the  name  of 


THE  COURTHOUSE  OF  CHARLOTTE  COUNTY,  VIRGINIA 

This  is  one  of  our  oldest  courthouses.     Both  Patrick  Henry  and  John  Randolph 

have  been  heard  within  its  walls 


the  county  when  that  is  necessary.  Indeed  the  board  of 
supervisors  has  general  control  and  direction  of  the  affairs  of 
the  county.  The  law  requires  that  it  must  meet  at  least  twice 
in  every  year  and  the  board  may  come  together  oftener  if 
need  be. 

THE  OTHER  COUNTY  OFFICERS.     In  addition  to  the 
board  of  supervisors  there  are  a  number  of  other  county  officers 


114    GOVERXMEXT  AND  POLITICS  IX  VIRGINIA 

who  are  elected  by  the  voters  for  a  term  of  four  years  and  one, 
the  county  clerk,  who  is  elected  for  an  eight-year  term. 

The  sheriff  is  the  officer  who  has  charge  of  the  county  jail 
and  whose  duty  it  is  to  assist  in  preserving  the  peace  by  arrest- 
ing persons  suspected  of  violating  the  laws.  He  attends  the 
circuit  court  when  it  meets  in  his  county,  and  he  carries  out 
the  orders  of  the  court.  The  sheriff  is  the  most  important 
executive  officer  of  the  county,  for  many  other  duties  in  addi- 
tion to  those  mentioned  here  are  laid  upon  him  by  law. 

The  commonwealth's  attorney  is  the  law  officer  of  the 
county.  It  is  his  duty  to  prosecute  criminals  who  are  tried 
before  the  circuit  court.  He  also  assists  the  board  of  super- 
visors and  the  other  county  officers  in  the  performance  of 
their  duties  by  giving  them  his  opinion  on  questions  of  law. 

The  county  clerk  is  the  officer  whose  duty  it  is  to  keep  the 
records  of  the  county.  It  is  by  means  of  these  records  that 
the  owners  of  land  in  the  county  are  assisted  in  establish- 
ing their  claims  to  their  property.  Whenever  land  is  trans- 
ferred from  one  person  to  another  a  record  of  this  transfer 
must  be  made  in  the  county  clerk's  office.  It  is  the  county 
clerk  also  who  issues  marriage  licenses  and  who  keeps  a  record 
of  marriages,  births,  and  deaths  in  the  county. 

The  justices  of  the  peace  are  the  officers  who  hold  the  lowest 
courts  in  the  state.  Before  these  officers  all  petty  offences 
and  disputes  are  tried.  It  is  their  duty  also  to  assist  in  the 
preservation  of  the  peace.  Three  justices  are  elected  in  each 
magisterial  district.  There  is  also  elected  in  each  district 
at  least  one  constable  whose  duty  it  is  to  arrest  persons  ac- 
cused of  violating  the  laws  and  otherwise  to  assist  in  preserv- 
ing order  within  the  community. 

The  superintendent  of  the  poor  is  the  officer  who  has  charge 
of  the  poorhouse  or  poor  farm  that  is  maintained  in  every 
county. 

The  principal  financial  officers  of  the  county  are  the  land 
assessors,  the  commissioners  of  revenue,  and  the  county  treas- 


THE  GOVERNMENT  OF  COUNTIES 


115 


urer.  For  each  magisterial  district  one  land  assessor  is  ap- 
pointed by  the  circuit  judge.  It  is  the  duty  of  the  land 
assessor  to  make  lists  of  all  the  land  and  buildings  in  his  dis- 
trict and  to  determine  the  value  at  which  such  property  shall 
be  held  for  taxation.  The  people  of  each  district  also  elect  a 
commissioner  of  revenue,  whose  duty  it  is  to  list  and  value 
new  buildings  and  all  other  kinds  of  property  that  are  owned 


PEELING  WILLOWS  TO  MAKE  BASKETS 
These  willows  are  grown  at  Arlington  Farm,  Virginia 


by  the  people  of  the  district.  The  taxes  that  are  levied  are 
collected  and  cared  for  by  the  county  treasurer.  He  pays 
out  such  sums  as  he  may  be  authorized  to  pay;  and  he  for- 
wards to  the  State  Auditor  at  Richmond  such  part  of  the 
taxes  as  belongs  to  the  state  government. 

There   are   also   in   every  county  a   surveyor,   a   superin- 
tendent of  roads,  coroners,  and  certain  minor  officers  required 


116    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

by  law.  These  assist  in  various  ways  in  carrying  out  the 
scheme  of  county  government. 

THE  COUNTY  SCHOOL  OFFICERS.  It  has  already 
been  mentioned  that  in  every  community  there  is  a  local  officer 
called  the  division  superintendent  of  schools,  this  officer 
being  appointed  by  the  State  Board  of  Education,  with  the 
approval  of  the  Senate.  The  division  superintendent  usually 
has  charge  of  a  single  county  or  city,  but  in  a  few  instances 
two  counties  or  a  county  and  a  city  are  placed  under  one 
superintendent.  The  division  superintendent  has  general 
power  to  supervise  and  regulate  the  schools  in  his  division  in 
accordance  with  the  laws  of  the  state  and  the  rules  laid  down 
by  the  State  Board  of  Education. 

Every  county  is  divided  into  a  number  of  school  districts. 
The  division  superintendent,  the  commonwealth's  attorney, 
and  one  resident  of  the  county  (who  is  appointed  for  this  pur- 
pose by  the  judge  of  the  circuit  court)  choose  for  each  school 
district  a  number  of  persons  who  are  known  as  school  trustees. 
This  district  board  of  trustees  has  the  power  to  appoint 
teachers  for  the  schools  within  the  district.  In  other  ways 
also  these  trustees  look  after  the  interests  of  the  schools. 
The  entire  number  of  district  trustees  in  any  one  county  form 
the  county  school  board,  whose  duty  it  is  to  assist  and  direct 
the  division  superintendent. 

THE  IMPORTANCE  OF  COUNTY  HISTORY.  There 
is  scarcely  a  county  in  Virginia  that  has  not  produced  its 
great  men.  Some  of  these  men  are  only  of  local  reputation; 
but  in  many  cases  they  have  played  important  roles  in  the 
history  of  Virginia  and  the  nation.  Moreover,  many  counties 
have  been  the  scenes  of  famous  battles  and  other  important 
incidents  of  our  history.  It  ought  to  be  our  pride  to  know 
of  these  things.  We  should  be  eager  to  learn  something  of 
the  history  of  our  county  and  the  share  it  has  had  in  the  his- 
tory of  the  state.  We  should  cherish  the  names  of  our  great 
men  and  perpetuate  their  memory.     Might  it  not  be  a  good 


THE  GOVERNMENT  OF  COUNTIES  117 

idea  to  name  the  public  schools  in  every  community  after  the 
great  men  of  the  locality? 

CLASS  EXERCISES 

1.  In  what  county  do  you  live?  Describe  its  situation  in  the  state. 
Try  to  find  out  something  about  its  history;  when  was  it  settled,  when  did 
it  become  a  county,  how  did  it  receive  its  name? 

2.  Explain  how  geographical  conditions  in  Virginia  gave  rise  to  the 
■county  form  of  local  government.  What  is  meant  by  township  govern- 
ment? Where  did  it  flourish,  and  why?  Why  did  it  not  develop  in  Vir- 
ginia? 

3.  What  are  some  of  the  powers  which  your  county  government  ex- 
■ercises?  How  is  the  county  board  of  supervisors  formed?  What  are  its 
powers?  What  magisterial  district  do  you  live  in?  Find  out  who  your 
district  supervisor  is.  When  was  he  elected?  How  long  has  he  yet  to 
serve?     How  often  must  the  board  of  supervisors  meet? 

4.  Find  out,  if  you  can,  who  is  the  present  treasurer  of  your  county. 
The  sheriff.  The  commonwealth's  attorney.  The  county  clerk.  How 
many  justices  of  the  peace  are  there  in  your  district?  Constables?  Com- 
missioners of  revenue?  Land  assessors?  How  are  these  various  officers 
chosen?     What  is  their  term  of  office?     Which  one  serves  for  eight  years? 

5.  Who  is  your  superintendent  of  schools?  Who  appointed  him? 
Who  are  your  school  trustees?  How  were  they  chosen?  How  many  mem- 
bers are  there  of  your  couBty  school  board?  Mention  the  names  of  some 
of    them. 

6.  What  great  men  has  your  community  produced?  Which  of  them 
were  of  local,  which  of  state,  which  of  national  reputation?  What  do 
you  know  of  their  lives?  Are  their  names  commemorated  in  any  way  in 
your  community?  Can  you  think  of  some  simple  ways  by  which  they 
might  be  commemorated? 

7.  What  important  incidents  of  history  have  taken  place  in  your  com- 
munity?    Are  these  incidents  commemorated?     How? 


CHAPTKR  XVI 
THE  GOVERXMKXT  OF  CITIES 

THE  GROWTH  OF  CITIES  IN  VIRGINIA.  Although 
the  cities  of  Richmond,  Norfolk,  and  Williamsburg  were 
established  as  far  back  as  the  colonial  period  of  our  history, 
the  growth  of  cities  in  \'irginia  both  in  number  and  popula- 
tion has  been  rapid  only  since  the  War  Between  the  States. 
This  delay  in  the  development  of  cities  in  Virginia,  as  in  the 
rest  of  the  South,  w^as  due  to  the  fact  that  the  people  lived  on 
large  plantations,  as  well  as  to  the  fact  that  there  was  a  large 
slave  population.  The  slaves  made  excellent  farm  laborers; 
but  they  were  not  trained  for  labor  of  a  higher  character,  such 
as  is  required  in  operating  the  complicated  machinery  that  is 
used  in  manufacturing.  Now,  as  everyone  knows,  the  people 
of  cities  support  themselves  by  manufacturing  and  trading. 
It  was  quite  impossible  for  large  cities  to  develop  in  Virginia 
so  long  as  there  were  slaves  among  us;  for  these  could  not  be 
profitably  employed  in  manufacturing  industries. 

Since  the  emancipation  of  the  slaves  cities  have  developed 
far  more  rapidly  in  Virginia  than  formerly.  During  the  ten 
years  from  1910  to  1920  the  population  of  Richmond  (171,667) 
increased  thirty-four  per  cent;  that  of  Norfolk  (115,777)  in- 
creased seventy-one  per  cent;  and  that  of  Roanoke  (50,842) 
forty-five  per  cent.  In  1890  Newport  News  had  a  population 
of  only  4,449;  in  1920  it  had  35,596  inhabitants.  In  1890 
Roanoke  had  a  population  of  16,159  inhabitants;  in  1920  there 
were  50,842  persons  in  this  city.  In  spite  of  this  increase  in 
the  population  of  the  cities  in  \'irginia,  it  is  important  to 
bear  in  mind,  as  has  already  been  noted,  that  the  vast  majority 
of  the  people  in  the  state  still  live  on  farms. 

118 


THE  GOVERNMENT  OF  CITIES 


119^ 


THE  PROBLEMS  OF  CITY  GOVERNMENT.  We  have 
already  had  occasion  to  note  that  the  government  undertakes 
many  things  for  the  people  of  city  communities  that  are  un- 
necessary in  farming  communities.  It  is  scarcely  needful  to 
explain  why  this  should  be  the  case.  \\'here  so  many  people 
live  close  to  one  another,  they  are  compelled  to  use  the  same 


CONGESTED  TRAFFIC  IN  A  CITY  STREET 


Streets,  the  same  facilities  for  lighting  their  houses  and  getting 
water,  as  well  as  many  other  things  in  ccmm.cn.  There  are 
also  many  dangers  from  which  they  must  be  protected.  It  is 
the  government  which  must  attend  to  these  matters  for  the 
common  welfare  of  all.     Streets  must  be"  laid  cut,  lighted,. 


120  G0VP:RXMEXT  and  politics  in  \lR(iL\TA 

paved,  and  kept  clean.  Parks  must  be  provided.  A  police 
force  must  be  maintained  for  the  protection  of  lifc>  and  prop- 
erty and  for  the  enforcement  of  the  laws.  Water  must  be 
furnished  to  the  inhai:)itants;  fire  departments  maintained;  a 
sewer  system  installed;  and  schoolhouses,  city  hails,  court- 
houses, jails,  and  poorhouses  must  be  erected.  These  and 
many  other  things  the  city  must  undertake.  Now  all  these 
undertakings  call  for  a  more  or  less  elaborate  government. 

THE  MEANING  OF  A  CITY  CHARTER.  The  govern- 
ment of  every  city  in  Virginia  is  provided  for  by  what  is  known 
as  the  charter  of  the  city.  This  charter  is  simply  a  law  enacted 
by  the  state  legislature.  It  provides  in  detail  how  the  city 
government  shall  be  organized,  how  the  cit\-  laws  shall  be 
made,  what  city  officers  there  shall  be,  and  what  powers  the 
city  may  exercise.  The  constitution  requires  that  in  every 
city  (no  matter  what  its  form  of  government  may  be)  there 
shall  be  elected  a  commissioner  of  revenue,  a  city  treasurer, 
and  a  city  sergeant.  Each  of  these  officers  serves  for  a  four- 
year  term.  In  all  the  more  important  cities  there  are  also 
elected  a  commonwealth's  attorney  for  a  four-year  term  and 
one  or  more  clerks  of  courts  for  terms  of  eight  years.  All  of 
these  officers  perform  in  cities  duties  similar  to  those  of  the 
county  officers  of  the  same  titles.  Aside  from  these  officers, 
however,  the  form  of  government  provided  by  the  charter 
of  one  city  may  differ  greatly  from  that  provided  by  the 
charter  of  another  city. 

In  1012  a  constitutional  amendment  was  adopted  which 
permitted  the  legislature  to  provide  certain  new  forms  of 
government  for  the  cities  of  Virginia.  Under  this  amend- 
ment the  legislature  has  enacted  a  law  permitting  any  city 
of  more  than  fifty  thousand  inhabitants  to  elect  a  charter 
commission.  This  commission  drafts  a  special  charter  for 
the  city.  If  this  charter  is  approved  by  the  voters,  it  is  sub- 
mitted to  the  Genpral  Assembly.  And  if  the  General  Assem- 
bly approves  it,  the  charter  then  goes  into  effect.     The  Nor- 


THE  GOVERNMENT  OF  CITIES 


121 


folk  charter  of  1918  was  drawn  up  and  enacted  in  this  way. 
Under  an  amendment  of  1920  the  legislature  may  allow  any 
city  to  request  a  special  charter  in  some  such  way. 

THE  GOVERNMENT  OF  RICHMOND.  The  capital 
city  of  the  state  is  governed  under  a  charter  enacted  in  1870. 
In  1918,  however,  this  charter  was  amended  in  many  im- 
portant respects.     The  amendments  were  proposed  by  the 


< 

^M|g|^gpHri:^l|g^. 

r 

A  BEAUTIFULLY  PARKED  CITY  STREET 


city  council,  passed  by  the  General  Assembly,  and  ratified 
by  the  voters.  The  charter  provides  for  a  law-making  body 
called  the  city  council.  Like  the  state  legislature  this  council 
is  divided  into  two  houses  or  chambers,  one  called  the  board  of 
aldermen  and  the  other  the  common  council.  There  are 
twelve  aldermen,  three  being  elected  in  each  of  the  four  wards 
into  which   the  city  is  divided.     They  serve   for  four-year 


122  GOVERXMEN'l- AND  POLITICS  IX  VIRGINIA 

terms.  There  are  twenty  councilmcn,  five  being  elected  in 
each  ward.  They  serve  for  two-year  terms.  The  city  laws 
enacted  by  this  council  are  called  ordinances.  The  mayor, 
elected  for  a  four-year  term,  is  called  the  chief  executive  of 
the  city.  His  position  in  the  government  of  the  city  cor- 
responds somewhat  to  that  of  the  Governor  in  the  govern- 
ment of  the  state.  The  administrative  work  of  the  city  is 
carried  on  by  tlu'  heads  of  six  departments:  law.  finance, 
public  works,  public  welfare  .(including  health,  hospitals, 
charities,  and  markets),  public  utilities  (including  water,  gas, 
and  electric  works),  and  public  safety  (including  police  and 
fire  departments).  The  city  attorney,  who  is  head  of  the 
law  department,  and  the  city  comj:)! roller,  who  is  head  of  the 
finance  department,  are  appointed  by  the  council.  The 
heads  of  the  other  four  departments,  called  directors,  are 
appointed  by  the  mayor  with  \hv  approval  of  the  council. 

THE  CIT  Y  MA  NA  GER  GO  VERNMENT  OF  NOR  FOLK. 
The  Norfolk  charter  of  1918  provides  a  form  of  government 
entirely  different  from  that  of  Richmond.  The  city  council 
consists  of  five  members,  elected  for  four-year  terms.  They 
are  elected  not  in  wards  but  by  the  voters  of  the  entire  city. 
This  council  enacts  the  ordinances  of  the  city.  It  appoints 
and  may  remove  at  pleasure  a  city  manager,  who  need  not  be 
a  resident  of  the  city  or  of  the  state.  The  city  manager  is 
the  most  important  officer  in  the  government.  He  is  chiefly 
responsible  for  carrying  on  the  government  of  the  city.  He 
has  power  to  appoint  and  remove  tlie  directors  of  the  depart- 
ments of  public  works,  public  welfare,  public  safety,  and 
finance,  as  well  as  many  other  less  important  officers.  The 
city  attorney,  who  is  head  of  the  law  department,  is  chosen 
by  the  council  which  also  appoints  the  auditor,  city  clerk, 
high  constable,  police  justices,  school  trustees,  and  civil 
service  commissioners. 

The    Norfolk  charter   provides   that   any   member  of   the 
council  may  be  recalled  before  the  end  of  his  term.     A  petition 


THE  GOVERNMENT  OF  CITIES 


123 


for  recall  must  be  signed  by  three  hundred  voters  and  a  special 
election  must  be  held  to  determine  whether  or  not  the  council- 
man shall  be  removed  from  office.  The  charter  also  provides 
for  the  initiative  and  referendum.  This  means  that  ordi- 
nances may  be  initiated  or  proposed  by  a  petition  signed 


n  §iM 


fk 


■»*!fe( 


i,i  13)  m 


THE  CITY  HALL,  RICHMOND,  VIRGINIA 

by  a  sufficient  number  of  voters.  If  the  council  does  not 
enact  an  ordinance  so  proposed  an  election  must  be  held 
so  that  the  voters  themselves  may  decide  whether  the  pro- 
posed ordinance  shall  go  into  effect.     So  also  when  the  council 


124  GOVERNMENT  AND  POLITICS  IN  \  IRGINIA 

itselr  enacts  an  ordinance  the  voters  may  petition  to  have  such 
ordinance  referred  or  submitted  to  them  at  an  election.  If  a 
majority  vote  against  it  the  ordinance  does  not  go  into  effect. 

THE  NEW  GOVERNMENTS  OF  OTHER  CITIES  AND 
TOWNS.  In  1914  the  legislature  enacted  a  charter  law 
permitting  cities  and  towns  of  less  than  fifty  thousand  in- 
habitants to  adopt  by  a  \ote  of  the  people  any  one  of  three 
forms  of  govern nuiit.  The  first  of  these  forms  of  govern- 
ment is  called  the  "general  councilmanic  plan."  Under  this 
plan  the  law-making  body  of  the  city  consists  of  only  one 
house,  or  chamber,  containing  from  three  to  eleven  members, 
according  to  the  size  of  the  city.  These  members  may  be 
elected  cither  by  wards  or  at  large.  The  mayor,  elected 
usually  for  a  four-year  term,  is  nominally  the  head  of  the  city 
government.  The  council,  however,  is  far  more  important 
than  the  mayor;  for  the  council  appoints  and  removes  the 
various  officers  who  conduct  the  government. 

The  second  type  of  government  which  any  city  may  adopt 
is  called  the  "modified  commission  plan."  Under  this  plan 
the  people  elect  either  three  or  five  commissioners,  according 
to  the  size  of  the  city.  The  government  of  the  city  is  placed 
entirely  in  the  hands  of  this  small  group  of  commissioners. 
They  enact  the  city  ordinances.  The  various  activities  of 
the  city  are  divided  into  as  many  departments  as  there  are 
commissioners,  and  each  commissioner  acts  as  the  head  of 
one  of  these  departments.  The  commissioners  choose  one 
of  their  number  to  be  the  mayor  of  the  city;  but  the  mayor 
has  very  little  more  power  than  any  other  commissioner. 
This  commission  form  of  government  is  now  in  operation  in 
many  American  cities,  but  it  has  not  foimd  much  favor 
among  the  cities  of  \'irginia. 

The  third  kind  of  government  which  any  city  may  adopt 
is  known  as  the  "city  manager  plan."  The  government 
under  this  plan  is  very  similar  to  that  of  Norfolk,  already  de- 
scribed.    The  council  consists  of  from  three  to  eleven  (usually 


THE  GOVERNMENT  OF  CITIES  125 

five)  members,  who  are  elected  at  large  for  four-year  terms. 
The  council  enacts  the  ordinances  and  appoints  a  city  man- 
ager, who  is  vested  with  complete  control  over  most  of  the 
activities  of  the  government.  The  initiative,  referendum,  and 
recall  are  not  included  in  this  plan,  although  special  laws  have 
extended  these  features  to  one  or  two  cities  that  have  adopted 
this  plan. 

The  city  manager  plan  is  the  only  one  of  these  three  forms 
of  government  that  has  proved  attractive  to  Virginia  cities. 
It  has  been  adopted  by  Bristol,  Hampton,  Lynchburg,  New- 
port News,  Petersburg,  Portsmouth,  Radford,  Roanoke, 
Staunton,  Suffolk,  and  the  town  of  Blackstone.  A  few  other 
cities  and  towns  (including  Bedford,  Charlottesville,  Farm- 
ville,  Fredericksburg,  Warrenton,  and  Winchester)  have  also 
appointed  city  or  town  managers  without  otherwise  changing 
their  old  forms  of  government.  City  manager  government 
is  another  type  of  government  that  has  in  recent  years  been 
adopted  by  many  American  cities.  It  is  interesting  to  note 
that  the  idea  of  such  a  plan  originated  in  the  city  of  Staunton. 

THE  OLD  GOVERNMENTS  OF  CITIES  AND  TOWNS. 
A  few  cities  in  Virginia  have  not  adopted  any  of  these  new 
forms  of  government.  They  are  still  governed  under  old 
special  charters.  These  charters  usually  provide  for  a  council 
of  one  or  of  two  houses,  elected  by  wards,  and  for  an  elected 
mayor.  The  council  usually  has  power  to  appoint  most  of 
the  officers  and  boards  who  carry  on  the  work  of  the  govern- 
ment. 

Towns  are  those  communities  in  \'irginia  which  have  less 
than  five  thousand  inhabitants.  There  are  nearly  two  hun- 
dred such  towns  in  the  state.  Town  governments  are  some- 
what simple  in  form.  There  is  a  town  council,  a  town  mayor,, 
and  a  few  other  officers.  The  chief  difference  between  a 
town  and  a  small  city  is  that  the  town  is  subject  to  some  con- 
trol by  the  county  in  which  it  is  located.  County  officers  do- 
not  exercise  any  power  over  cities. 


126  govi:rxmp:xt  axd  politics  ix  virgixia 

CITY  SCHOOL  OFFICERS.  For  the  managemer  of 
public  schools  a  few  of  the  small  cities  are  joined  to  the  counties 
in  which  tliey  are  located.  In  most  cities,  however,  there  is  a 
city  (division)  superintendent  appoinle-d  by  the  State  Board 
of  I''(hication.  The  superintendent  has  general  charge  of 
the  schools  of  the  city.  He  is  subject  to  control,  however, 
by  the  city  school  board,  the  members  of  which  are  usually 
appointed  by  the  city  council. 

CLASS  EXERCISES 

1.  Try  to  find  out  the  population  of  your  city,  or  of  the  nesrest  city 
to  you.  Is  its  population  stiid  to  he  increasing?  Can  you  see  any  evi- 
dences of  the  increase,  such  as  the  building  of  new  residences  or  business 
houses?  What  natural  advantages  has  your  city?  What  attracts  people 
to  it? 

2.  Mention  some  of  the  things  that  city  governments  provide  that  are 
not  undertaken  by  county  go\"ernments.  \A  hy  does  this  difference  exist? 
Explain,  then,  why  the  city  government  differs  from  that  of  the  county. 

3.  Explain  what  is  meant  by  a  city  charter.  Find  out  whether  the 
government  of  your  cit,v  (or  the  nearest  city  to  you)  is  established  by  an 
old  si)ecial  charter.  If  so,  find  out  how  the  city  council  is  organized. 
Are  there  one  or  two  bodies?     What  are  they  called? 

4.  How  many  wards  are  there  in  j^our  city  (or  the  nearest  city  to  you)? 
Are  the  councilmen  elected  by  wards?  How  many  in  each  ward?  When 
are  they  next  elect  ed?    How  long  do  they  serve?    ^^'hat  is  a  city  ordinance? 

5.  Who  is  the  mayor  of  your  city?  How  and  when  was  he  chosen? 
How  long  does  he  serve?     What  are  his  duties? 

6.  Who  appoints  in  your  city  firemen,  policemen,  .street  cleaners,  health 
officers,  officers  who  lay  out  and  pave  the  streets? 

7.  Does  your  city  own  the  waterworks?  The  gas  plant?  The  electric 
plant?     If  so,  who  appoints  the  officers  who  manage  these  enterprises? 

8.  Describe  the  government  of  Richmond.  Of  Norfolk.  Describe 
the  "modified  commission  form''  of  city  government.  The  "city  manager 
form."     The  "general  councilmanic  plan." 

9.  Tell  what  officers  control  the  schools  in  your  city. 

10.  If  you  live  in  a  town,  tell  some  of  the  things  that  your  town  gov- 
ernment untlertakes.  \Miat  officers  does  it  have?  How  many  members 
are  there  in  the  town  council?  What  is  the  chief  difference  between  towns 
and  small  cities? 

11.  Give  the  names  of  the  important  officers  of  your  city  or  town. 


CHAPTER  XVII 
STATE  AND  LOCAL  TAXATION 

THE  MEANING  OF  TAXATION.  We  have  seen  that 
the  government  undertakes  to  perform  many  services  in  the 
interest  of  the  people — services  which  contribute  very  greatly 
to  our  individual  happiness  and  prosperity.  Naturally  it 
requires  a  great  deal  of  money  to  support  these  services  which 
the  government  undertakes.  Salaries  must  be  paid  to  officers, 
many  buildings  must  be  erected  and  maintained,  roads  and 
streets  must  be  improved.  The  money  for  these  and  for  many 
other  services  which  the  government  performs  must  be  se- 
cured from  the  people  of  the  community.  The  government 
secures  this  money  by  a  system  which  we  call  taxation. 

A  tax  is  a  sum  of  money  taken  from  the  individual  to  be 
used  by  the  government  for  the  interest  of  the  whole  com- 
munity. Or,  as  it  is  sometimes  briefly  put,  "a  tax  is  private 
property  taken  for  a  public  purpose" — this  property  being 
almost  invariably  in  the  form  of  money. 

Many  people  feel  that  it  is  a  great  hardship  to  pay  taxes 
to  the  government;  they  look  upon  this  almost  as  oppression. 
Some  of  them  do  not  think  that  they  are  doing  anything  wrong 
if  they  avoid  paying  their  taxes  whenever  that  is  possible. 
They  do  not  seem  to  realize  that  the  government  gives  them 
something  in  return  for  the  money  that  they  pay  in  taxes. 
It  gives  them,  as  we  have  seen,  innumerable  protections  for 
their  life,  their  liberty,  their  health,  their  property;  and 
innumerable  community  benefits,  such  as  good  .roads  and 
streets  and  schoolhouses  for  the  education  of  their  children. 
People  ought  to  be  just  as  willing  to  pay  for  these  things  as 
they  are  ready  to  pay  for  things  which  they  buy  in  the  shops. 
Most  of  us  get  far  more  from  the  government  in  the  way  of  pro 

127 


128    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

tection  and  benefits  than  we  ever  actually  pay  for  in  taxes. 
The  fact  is  that  we  cannot  do  without  the  services  which  the 
government  suppHes,  and  the  government  is  absolutely  de- 
pendent on  taxes  for  its  support, 

THE  PRINCIPLES  OF  TA  XA  TION.  We  have  seen  that 
the  government  sometimes  takes  an  individual's  property 
under  the  power  of  eminent  domain,  when  such  property  is 
needed  for  opening  a  street  or  road  or  for  any  other  public 
purpose.  Property  taken  in  this  manner  is  not  regarded  as  a 
tax,  because  the  individual  is  paid  directly  in  money  for  the 
property  that  is  taken.  When  the  government  takes  the  indi- 
vidual's property  in  the  form  of  taxes  the  individual  is  of 
course  not  paid  anything  directly.  He  gets  his  compensation 
only  indirectly  in  the  form  of  services  which  the  government 
provides. 

Ever  since  the  Revolutionary  War  it  has  been  settled  in 
the  United  States  that  the  people  alone  shall  have  power  to 
tax  themselves.  This  does  not  mean  that  each  person  may 
say  how  much  he  will  or  will  not  contribute  to  the  support  of 
the  government.  It  simply  means  that  taxes  can  be  levied 
upon  us  only  by  those  whom  we  ourselves  elect  to  represent 
us  for  this  purpose — by  the  General  Assembly  of  the  state, 
or  the  board  of  supervisors  of  the  county,  or  the  council  of  a 
city.     This  is  the  first  important  principle  of  taxation. 

The  second  principle  of  taxation  is  that  as  nearly  as  possible 
people  shall  pay  taxes  according  to  what  they  can  afford  to 
pay.  If  we  look  at  the  benefits  which  each  of  us  gets  from  the 
government  this  principle  may  not  seem  wholly  fair.  The 
rich  man,  who  pays  large  taxes,  receives  no  more  benefit  from 
the  roads  and  streets  and  schools  than  does  the  poor  man  who 
pays  little  or  no  taxes.  On  the  other  hand,  it  would  be  absurd 
for  the  government  to  tax  everybody  the  same  amount,  with- 
out any  regard  to  differences  of  wealth  and  income  among  the 
people.  This  would  simply  mean  that  many  persons  would 
be  unable  to  pay  the  taxes  imposed  upon  them.     It  is  manifest 


STATE  AND  LOCAL  TAXATION  129 

that  the  government  can  get  money  for  its  support  only  from 
people  who  have  money.  We  have,  therefore,  hit  upon  the 
general  principle  that  people  must  contribute  to  the  support 
of  the  government  in  proportion  to  their  ability  to  do  so.  The 
poll  tax  of  a  dollar  and  a  half  a  year,  which  is  assessed  upon 
all  men  over  twenty -one  years  of  age,  is  an  exception  to  this 
general  principle.  So  also  are  those  special  assessments  which 
the  government  levies  (when,  for  example,  a  road  or  street  is 
improved)  in  proportion  to  the  amount  which  the  adjoining 
property  is  increased  in  value  by  these  improvements. 

The  third  principle  in  our  system  of  taxation  is  that  taxes 
must  be  equally  and  impartially  laid.  All  the  people  of  a 
certain  class  and  all  the  property  of  a  certain  class  must  be 
taxed  alike.  The  government  cannot,  for  example,  levy  a  tax 
of  a  certain  amount  on  one  man's  farm  or  income  and  refuse 
to  place  the  same  tax  upon  another  farm  or  another  income  of 
equal  value.  While  this  principle  is  clearly  just  and  reason- 
able, it  should  be  noted  that  it  is  not  always  easy  to  apply. 
As  we  have  seen,  property  is  assessed  for  taxation  by  many 
different  officers  throughout  the  state;  and  it  often  happens 
that  property  in  one  community  is  assessed  more  nearly  at 
its  true  value  than  property  in  some  other  community.  This 
is  sometimes  true  even  with  reference  to  different  pieces  of 
property  in  the  same  county.  The  government  should,  and 
probably  will,  make  every  effort  to  overcome  these  inequalities. 

TAXES  ON  REAL  AND  PERSONAL  PROPERTY. 
Property  in  lands  and  buildings  is  known  as  real  property. 
It  is  this  variety  of  property  that  bears  the  heaviest  burden  of 
taxation,  this  being  due  in  part  to  the  fact  that  it  is  impossible 
for  the  owners  of  such  property  to  hide  it.  Property  in  the 
form  of  farming  implements,  cattle,  furniture,  jewelry,  books, 
and  such  things,  as  well  as  property  in  the  form  of  mon^y,  is 
known  as  personal  property.  The  government  also  endeavors 
to  collect  taxes  on  this  kind  of  property.  The  fact  is,  how- 
ever, that  taxes  on  personal  property  have  everywhere  proved 


130    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

to  be  very  largely  a  failure.  This  is  partly  due  to  the  fact 
that  the  owners  of  such  property  may  deceive  the  officers  of 
the  government  by  refusing  to  acknowledge  all  that  they 
possess.  It  would  seem,  however,  that  the  officers  of  the 
government  very  seldom  make  an  honest  effort  to  secure  all 
the  information  possible  about  the  personal  property  of  the 
people. 

In  every  community  in  Virginia  some  propert>'  is  free  from 
taxation.  It  would  be  absurd,  for  example,  for  the  govern- 
ment to  tax  public  buildings,  roads,  and  streets.  This 
would  simply  mean  that  the  government  was  paying  taxes  to 
itself.  Certain  other  classes  of  property,  such  as  public 
libraries,  colleges  and  other  educational  institutions,  churches 
and  ministers'  residences,  Young  Men's  Christian  Associa- 
tion buildings,  and  charitable  institutions  are  also  free  from 
taxation.  Such  property  as  this  is  not  taxed  because,  al- 
though it  is  owned  by  private  persons  or  associations,  it  is 
nevertheless  regarded  as  being  used  for  the  general  benefit  of 
the  whole  community. 

INCOME  TAXES.  Many  persons  receive  large  salaries 
and  have  other  sources  from  which  they  get  incomes,  although 
they  do  not  possess  any  real  property,  and  little,  if  any,  per- 
sonal property  on  which  the  government  actually  collects 
taxes.  It  is  not  just  that  such  persons  should  be  entirely  free 
from  taxation.  The  government,  therefore,  places  a  tax  on 
all  incomes  over  and  above  a  thousand  dollars  a  year.  As  in 
the  case  of  personal  property,  these  taxes  are  very  difficult 
to  collect.  The  officers  of  the  government  have  to  rely  al- 
most wholly  upon  the  individual's  willingness  to  declare 
exactly  what  his  income  is.  That  this  form  of  taxation  has 
not  been  a  great  success  is  clearly  shown  by  the  fact  that  in 
twenty-five  or  thirty  counties  of  the  state  no  income  taxes  are 
paid  at  all. 

FRANCHISE  TAXES.  Certain  persons  and  corporations 
are  taxed  for  special   privileges  which   the  government  has 


STATE  AND  LOCAL  TAXATION  131 

granted  to  them.  These  taxes  are  known  generally  as  fran- 
chise taxes.  Railroad,  telegraph,  and  telephone  companies, 
for  example,  are  compelled  to  pay  such  taxes  in  return  for 
the  special  powers  which  the  government  gives  them.  So 
also  street  railway,  gas,  and  electric  light  companies  are  re- 
quired to  pay  franchise  taxes  for  the  peculiar  use  which  they 
make  of  the  public  streets. 

POLL  TAXES.  As  we  have  seen,  every  male  resident  of 
\'irginia  who  is  over  twenty-one  years  of  age  is  required  to 
pay  a  tax  of  $1.50  a  year.  This  is  called  a  poll,  or  capitation, 
tax. 

STATE  AND  LOCAL  TAXES.  We  have  seen  that  there 
is  in  Virginia  not  only  a  state  government,  which  exercises 
powers  in  all  parts  of  the  state,  but  also  a  local  government 
established  over  every  county,  city,  and  town.  Both  the 
state  and  these  local  governments  have  to  have  m.eans  of 
support.  A  part  of  the  money  that  is  collected  in  taxes  goes 
to  the  support  of  the  state  government  and  a  part  of  it  is 
used  for  the  support  of  the  local  governments.  The  state 
government  in  turn  distributes  to  the  various  communities 
of  the  state  money  for  various  purposes,  such  as  the  main- 
tenance of  schools  and  the  building  of  roads.  Lender  this 
system  it  is  a  fact  that  about  thirty-five  of  the  one  hundred 
counties  in  the  state  receive  more  money  from  the  state 
treasury  than  they  actually  collect  in  the  form  of  taxes.  In 
effect,  therefore,  the  people  in  some  of  the  counties  and  cities 
are  taxed  to  assist  in  supplying  services  to  the  people  in  cer- 
tain other  counties. 

CLASS  EXERCISES 

1.  Has  any  public  building  been  erected  in  your  community  recently? 
Try  to  find  out  how  much  it  cost.  Did  the  county,  city,  or  state  pay  for 
the  building?  Why?  Try  to  find  out  how  the  money  was  raised.  Ex- 
plain how  this  building  is  used  for  the  benefit  of  the  people  of  your  com- 
munity. 


132    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

n 

2.  Hdw  is  money  raised  for  the  improvement  of  roads  in  your  county? 
Try  to  find  out  what  the  tax  assessment  for  roads  is.  Who  determines 
this  assessment? 

3.  How  are  the  schools  supported  in  your  county?  Try  to  find  out 
what  the  school  assessment  is.  Have  any  new  schoolhouses  been  built 
recently?  How  much  did  they  cost?  Try  to  find  out  wluit  part  of  the 
school  expenses  are  paid  by  your  county  author'ties  and  what  jiart  by  the 
state. 

4.  In  what  ways  that  you  can  think  of  do  the  people  of  your  commimity 
receive  benefits  from  the  taxes  they  pay?  Explain  why  it  is  dishonest  to 
avoid  paying  taxes.  Explain  why  it  is  WTong  to  look  upon  taxes  as  op- 
pression. 

5.  "What  part  did  the  question  of  taxation  play  in  the  causes  of  our 
Revolutionary  War?  What  principle  of  taxation  was  in  consequence 
established  in  America? 

6.  In  what  ways  that  you  can  think  of  does  the  owner  of  property  get 
special  benefits  by  paying  the  large  taxes  that  are  assessed  upon  him? 

7.  What  is  the  difference  between  real  estate  and  personal  property? 
Do  you  own  any  real  estate?  Any  personal  property?  Explain  why  it  is 
easier  to  collect  taxes  on  the  one  than  it  is  on  the  other. 

8.  What  is  meant  by  assessing  property  for  taxation?  Try  to  find  out 
whether  property  in  your  community  is  said  to  be  assessed  high  or  low. 
AVhat  does  this  mean? 

9.  What  property  that  you  can  think  of  in  your  community  is  free 
from  taxation?  Why  is  it  not  taxed?  Is  your  school  building  taxed? 
Why? 

10.  Mention  all  the  kinds  of  taxation  that  we  have  in  Virginia,  and  ex- 
plain what  is  meant  by  each. 


GOVERNMENT  AND  POLITICS 
IN  THE  NATION 


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THIRD  PART 

POWERS  AND    DUTIES   OF   THE   NATIONAL   GOV- 
ERNMENT 


CHAPTER  XVHI 
FOREIGN  AFFAIRS  AND  NATIONAL  DEFENSE 

THE  PURPOSE  OF  THE  NATIONAL  GOVERNMENT. 
In  spite  of  all  the  many  things  that  are  undertaken  by  our 
state  and  our  local  governments  in  Virginia,  as  in  other  states 
of  the  Union,  there  are  certain  very  important  powers  that 
are  exercised  and  services  that  are  rendered  by  the  govern- 
ment of  the  nation,  which  has  its  seat  in  Washington.  After 
our  independence  was  won,  there  were  many  reasons  which 
prompted  the  people  of  the  new  states  to  unite  and  establish 
a  national  government.  The  people  of  the  several  states  had 
numerous  interests  in  common.  It  was  manifest,  therefore, 
that  many  of  their  affairs  could  best  be  managed  by  a  govern- 
ment that  represented  the  people  of  all  the  states. 

In  a  later  chapter  we  shall  see  how  the  Union  of  the  states 
came  to  be  established,  and  how  our  national  constitution 
was  framed  and  adopted.  This  constitution  determines  what 
powers  the  national  government  shall  exercise  and  in  what 
ways  it  shall  provide  for  the  protection  and  welfare  of  the 
people  of  the  entire  nation.  The  government  that  is  pro- 
vided for  in  the  national  constitution  undertakes  many  things 
that  are  of  interest  to  the  people  throughout  the  whole  United 
States — things  which  cannot  be  satisfactorily  attended  to 
by  the  separate  states. 

135 


136    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 


FOREIGN  AFFAIRS.  The  United  States  is  today  one  of 
the  leading  powers  of  the  world.  American  citizens  are  con- 
stantly travelling  in  foreign  countries  and  carrying  on  enor- 
mous commerce  with  the  citizens  of  other  nations.  Just  as  the 
interests  of  different  people  in  a  single  community  are  likely 
to  conflict  with  one  another,  so  the  interests  of  the  citizens  of 
different  nations  are  apt  to  give  rise  to  disputes  and  disagree- 
ments. If  some  means  were  not  provided  for  the  peaceful 
regulation  of  affairs  between  nations,  the  people  of  one  coun- 


{Copyri'j/t,  LiuItiuoudiS:   I  n.li  n:  ,,:<,! i 

IMMIGRANTS  FROM  ARMENIA 
On  board  a  vessel  landing  at  New  York 

try  would  be  continually  getting  into  serious  difficulties  with 
the  people  of  some  other  country.  It  would  be  absurd,  of 
course,  to  allow  each  of  the  states  of  the  American  Union  to 
regulate  its  own  affairs  with  foreign  governments.  This  is 
a  duty,  therefore,  that  belongs  exclusively  to  the  national 
government.  In  a  number  of  different  ways  the  United 
States  government  seeks  to  preserve  friendly  relations  with 


FOREIGN  AFFAIRS  AND  DEFENSE  137 

the  other  nations  of  the  world  and  at  the  same  time  protect 
the  interests  of  its  own  citizens. 

AMBASSADORS  AND  MINISTERS.  It  has  long  been 
the  custom  of  every  civilized  nation  to  keep  at  the  capital  of 
every  other  nation  a  permanent  representative  known  as  an 
ambassador  or  minister.  The  United  States  sends  ambassa- 
dors to  certain  of  the  more  important  nations  of  the  world, 
and  to  nearly  all  of  the  other  countries  it  sends  ministers. 
At  Washington  there  are  ambassadors  and  ministers  who  are 
sent  from  these,  countries  to  the  United  States.  Through 
these  representatives  nations  communicate  with  one  another. 
Ambassadors  and  ministers  help  to  keep  the  relations  between 
nations  peaceful,  for  they  are  always  at  hand  to  assist  in  the 
speedy  and  friendly  settlement  of  any  dispute  that  arises. 
They  also  keep  their  respective  nations  informed  as  to  what 
is  going  on  in  the  countries  to  which  they  are  sent. 

THE  MAKING  OF  TREATIES.  The  United  States 
makes  agreements  on  a  great  variety  of  subjects  with  the 
governments  of  other  nations.  These  agreements  are  known 
as  treaties.  In  many  ways  these  treaties  regulate  the  con- 
duct of  nations  toward  each  other  and  determine  the  rights  of 
their  citizens-  Were  it  not  for  treaties,  disagreements  be- 
tween nations  over  the  rights  of  their  respective  citizens  would 
be  much  more  frequent  than  they  are.  The  United  States 
has  more  than  three  hundred  such  treaties  in  force  today. 
Sometimes,  also,  the  nations  of  the  world  enter  into  uniform 
agreements  on  certain  important  matters  which  ought  to  be 
the  subject  of  general  regulation.  These  larger  agreements 
are  commonly  known  as  conventions. 

FOREIGN  COMMERCE.  No  state  has  any  power  to 
regulate  what  goods  shall  be  brought  into  the  state  from 
foreign  countries,  or  what  goods  shall  be  carried  out  of  the 
state.  The  control  over  foreign  commerce  is  placed  entirely 
in  the  hands  of  the  national  government.  The  United  States 
government   has   entered   into   many   treaties   with   foreign 


138    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

governments  for  the  regulation  of  matters  pertaining  to  com- 
merce. By  law  also  duties  have  been  imposed  on  many 
articles  that  are  brought  into  this  country  from  abroad.  We 
shall  see  in  a  later  connection  that  certain  restrictions  are 
placed  on  the  power  of  the  national  government  to  levy 
duties  on  imports;  and  we  shall  also  see  how  the  government 
undertakes  in  many  ways  to  promote  the  trade  of  American 
citizens  with  the  citizens  of  foreign  countries. 


THE  AMERICAN  FLEET 
Leaving  Hampton  Roads,  Virginia,  in  the  autumn  of  1907  on  a  famous  cruise 

around  the  world 

IMMIGRATION.  For  many  years  the  United  States 
has  attracted  large  numbers  of  foreigners  from  the  various 
nations  of  Europe  and  Asia.  These  people,  coming  in  many 
cases  from  lands  of  oppression  and  poverty,  have  looked  upon 
the  United  States  as  a  land  of  opportunity  and  promise. 
They  came  over  the  seas  by  thousands  every  year.  Indeed, 
more  than  a  million  of  them  have  sometimes  come  to  us  in  a 
single  year. 


FOREIGN  AFFAIRS  AND  DEFENSE  139 

The  United  States  has  the  power,  of  course,  to  impose  what- 
ever conditions  it  chooses  upon  the  entrance  of  these  foreigners 
into  our  country.  Indeed,  the  government  may  prohibit 
them  from  landing  at  all.  Needless  to  say  the  government 
does  not  permit  criminals,  paupers,  diseased,  and  insane 
persons  to  come  into  the  country.  Anarchists  and  persons 
who  seek  to  overthrow  the  government  by  violence  are  also 
excluded.  The  go\'ernment  requires  also  that  immigrants 
shall  be  able  to  read.  Because  of  conditions  growing  out  of 
the  World  War,  the  government  now  limits  the  number  of 
immigrants  that  may  come  from  any  one  country  in  a  year. 
The  "quota,"  as  it  is  called,  of  any  one  country  is  based  on 
the  number  of  aliens  from  the  country  already  in  the  United 
States.  A  tax  of  a  few  dollars  is  imposed  on  every  foreigner 
who  enters.  The  only  people  who  are  now  absolutely  denied 
permission  to  enter  the  country  are  certain  classes  of  the 
Chinese,  Japanese,  and  other  Asiatic  peoples. 

Foreigners  of  the  same  nation  sometimes  settle  together  in 
this  country  and  retain  their  foreign  language  and  customs. 
They  thus  become  a  danger  to  our  country,  for  they  do  not 
understand  our  life  and  government.  On  the  other  hand, 
many  foreigners  soon  lose  their  foreign  characteristics  and 
become  truly  Americanized.  The  school  is  perhaps  the  most 
important  means  by  which  the  children  of  these  foreigners 
are  taught  to  understand  our  ways  of  living  and  thinking. 

NATUILALIZATION.  The  national  government  pro- 
vides that  in  due  course  of  time  these  foreigners  may  become 
American  citizens  by  a  process  called  naturalization.  Before 
a  foreigner  can  become  a  naturalized  citizen  of  the  United 
States,  he  must  have  resided  in  this  country  at  least  five  years, 
and  he  must  have  declared  his  intention  to  become  a  citizen 
at  least  two  years  before  he  is  admitted  to  citizenship.  He 
must  solemnly  swear  that  he  no  longer  owes  allegiance  to 
any  foreign  government,  and  that  he  recognizes  only  his  duty 
and    his   obligation   toward   the   government   of   the   United 


140  GOVERNMENT  AND  POLmCS  L\  VIRGINIA 

States.  After  a  foreigner  has  been  granted  his  naturahza- 
tion  papers  by  the  governmeni,  he  enjoys  the  same  privileges 
that  belong  to  a  natural  born  citizen  of  the  United  States, 
except  that  he  can  ne\'er  be  elected  President. 

THE  MAKING  OF  WAR.  In  spite  of  all  the  means  that 
are  provided  for  keeping  peace  between  nations,  disagree- 
ments sometimes  arise  which  cannot  be  settled  peacefully. 
Appeal  must  then  be  made  to  arms.  In  the  United  States, 
Congress  alone  has  the  power  to  declare  war  against  a  foreign, 
nation.  On  April  6,  1917,  Congress  declared  war  against 
Germany  and  the  United  States  entered  the  World  War. 
Hostilities  ceased  with  the  signing  of  the  armistice,  November 
11,  1918. 

THE  ARMY  AND  THE  MILITIA.  The  different  na- 
tions of  Europe  are  situated  so  close  to  one  another  that  dis- 
agreements are  likely  to  arise  frequently  among  them.  As  a 
rule,  therefore,  most  of  them  have,  at  great  expense  and  sacri- 
fice, maintained  large  standing  armies.  The  United  States  is 
not  surrounded  by  numerous  foreign  nations.  We  occupy 
the  major  part  of  a  whole  continent,  and  we  are  the  most 
powerful  nation  on  the  continent.  It  has  been  our  policy 
from  the  beginning  of  our  nation  to  maintain  a  very  small 
standing  army.  The  great  European  War  which  began  in 
1914  showed  us  that,  with  the  marvelous  development  of 
ocean  transportation,  we  are  no  longer  as  safe  from  attack  as 
w-e  formerly  w^ere.  Moreover,  we  have  important  islands  in  the 
far  seas  which  must  be  protected.  No  nation  can  provide, 
train,  and  equip  an  army  of  considerable  numbers  in  a  few 
weeks.  Even  so,  we  are  continuing  our  policy  of  maintaining 
only  a  small  standing  army.  Moreover  we  are  using  our  in- 
fluence to  induce  the  nations  of  Europe  to  reduce  their  armies, 
for  many  people  believe  that  large  armies  are  apt  to  cause 
wars.  Not  only  this,  but  the  maintenance  of  a  large  army 
is  a  heavy  expense,  which  means  very  high  taxes. 

The  United  States  army  is  primarily  for  the  purpose  of 


FOREIGN  AFFAIRS  AND  DEFENSE 


141 


defending  the  nation  against  enemies  from  without.  Some- 
times, however,  it  is  used  to  preserve  the  peace  within  the 
states.  However,  troops  of  the  army  are  never  sent  to  the 
aid  of  any  state  unless  the  governor  or  the  legislature  of  that 
state  requests  the  President  to  send  them.  This  is  done  only 
when  the  state  militia  are  unable  to  handle  the  situation. 

Very  occasionally  troops  of  the  United  States  army  are 
used  to  enforce  the  laws  of  the  nation.     In  1894,  for  example, 


(.Copyright,  Underwood  &  Underwood) 

COAST  DEFENSE  GUNS 

These  twelve-inch  guns  fire  a  steel  projectile  weighing  seven  hundred  and  fifty 

pounds  across  a  range  of  seven  miles 

there  was  a  large  strike  among  railway  employes  at  Chicago, 
which  is  one  of  the  most  important  railway  centers  in  the 
United  States.  Commerce  between  the  states  was  seriously 
interfered  with,  and  trains  carrying  the  United  States  mails 
were  held  up.  President  Cleveland  sent  the  United  States 
troops  to  put  down  the  disturbance  in  order  that  the  trains 


142    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

might  continue,  under  the  laws  of  Congress,  to  carry  the  mails 
and  the  commerce  going  from  one  state  into  another. 

We  have  seen  that  there  is  in  the  state  of  Virginia  an  or- 
ganized militia  for  the  purpose  of  preserving  the  peace  of  the 
state  in  times  of  unusual  disturbance.  In  nearly  all  of  the 
other  states  similar  provision  is  made  for  maintaining  com- 
panies of  militia,  these  companies  being  known  as  the  Na- 
tional Guard.     State  militia  companies  are  organized  and 


LAUNCHING  OF  THE  BATTLESHIP  PENNSYLVANIA 
This  ship,  built  and  launched  at  Newport  News,  Virginia,  is  one  of  the  most 

powerful  battleships  afloat 


disciplined  in  much  the  same  way  as  are  the  troops  of  the 
United  States  army,  although  the  militiamen,  being  employed 
in  other  occupations,  give  of  course  only  a  small  part  of  their 
time  to  this  work.  The  militia  companies,  however,  are  a 
supplement  to  the  regular  army  and  may  be  called  into  the 
service  of  the  United  States  to  suppress  insurrection  and  repel 
invasion. 


FOREIGN  AFFAIRS  AND  DEFENSE  143 

<:OAST  DEFENSES.  It  is  necessary  that  the  seaports 
of  our  country'should  be  fortified  against  attacks  that  might 
be  made  by  the  war  vessels  of  an  enemy.  At  many  important 
points  along  the  seacoast  strong  forts  are  built  with  powerful 
batteries  of  large  guns.  Fortress  Monroe  is  the  chief  coast 
defense  that  is  provided  in  Virginia  by  the  national  govern- 
ment. 

THE  NAVY.  When  the  United  States  was  at  war  with 
Spain  in  1898,  much  of  the  fighting  took  place  on  the  water. 
When  we  went  to  war  with  Germany  in  1917,  we  did  not 
fight  on  the  sea  because  the  German  navy,  except  for  the 
submarines,  was  already  effectually  "bottled  up"  by  the 
superior  navy  of  Great  Britain.  Although  we  fought  on  the 
land,  it  is  clear  that  we  could  not  have  carried  2,000,000  troops 
to  France  in  safety,  had  it  not  been  for  our  war  vessels  and 
those  of  Great  Britain.  In  case  of  war  a  strong  navy  would 
probably  be  able  to  prevent  any  nation  from  landing  hostile 
troops  upon  our  shores.  This  is  why  we  have  a  powerful 
navy.  But  the  construction  and  maintenance  of  war  vessels 
is  extremely  costly.  Moreover,  it  takes  so  long  to  build  war 
vessels  that  when  one  great  nation  enlarges  its  navy,  other 
nations  feel  that  they  must  do  likewise.  Because  of  the 
dangers  and  burdens  of  this  kind  of  competition.  Great 
Britain,  France,  Italy,  Japan,  and  the  United  States  agreed 
in  1922  to  declare  a  "naval  holiday"  for  ten  years.  No  large 
war  vessels  are  to  be  built  during  this  time.  They  agreed 
also  to  destroy  some  of  their  old  and  some  of  their  partly 
completed  vessels,  and  to  restrict  the  uses  of  the  submarine 
in  case  of  war. 

CLASS  EXERCISES 

1.  Does  the  state  of  Virginia  maintain  an  army?  A  navy?  A  postal 
system?  Does  it  build  forts  and  protect  harbors?  Make  treaties?  Send 
diplomatic  representatives  to  foreign  nations?  Coin  money"^  Issue 
paper  money?     Show  how  each  of  these  things  is  necessary  for  our  pro- 


144    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

tection  or  welfare.     By  whom  are  these  things  undertaken,  and  why? 
Explain,  then,  the  necessity  for  ovir  national  governnient. 

2.  In  what  ways  do  the  people  of  the  I'nilod  States  associate  with 
the  people  of  foreign  countries?  Suppose  a  dispute  arises  between  the 
United  States  and  Great  Britain;  who  settles  it?  Who  has  control  over 
all  our  foreign  affairs,  and  why? 

3.  Could  the  state  of  Virginia  make  a  treaty  with  Germany?  Why? 
Explain  how  treaties  between  the  United  States  and  a  foreign  govern- 
ment arc  made.  Why  are  they  made?  How  do  they  help  us  as  a  nation? 
Mention  some  of  the  treaties  you  have  learned  about  in  history.  Why 
were  they  made? 

4.  What  are  ambassadors  and  ministers?  Does  Virginia  appoint  or 
receive  ambassadors  and  ministers?  A\'hy?  Who  chooses  the  diplomatic 
representatives  of  the  United  States?  \\here  are  they  sent?  ^^■hy  are 
they  sent?  What  is  the  difference  between  an  ambassador  and  a  minister? 
Find  out,  if  you  can,  to  which  countries  the  United  States  sends  ambassa- 
dors. Find  out,  if  you  can,  the  names  of  some  of  our  present  dii)lomatic 
representatives.  To  what  countries  are  they  sent?  Try  to  recall  from 
your  history  some  distinguished  statesmen  who  have  represented  us  abroad. 

5.  In  the  United  States  who  has  the  power  to  declare  war,  and  why? 
Who  controls  foreign  commerce,  and  why?  ^^'ho  makes  regulations  for 
the  vessels  and  goods  which  come  from  abroad  and  land  at  the  seaports 
of  Virginia? 

6.  Who  maintains  our  army?  Is  it  large  or  small,  and  why?  Why  is 
the  army  maintained?  When  may  national  troops  be  sent  to  protect  life 
and  property  within  some  state?  How  is  the  army  used  to  enforce  the 
laws  of  the  nation?  Do  you  recall  any  instance  of  this?  What  part 
does  the  state  militia  have  in  the  defence  of  the  nation? 

7.  Exi)lain  why  the  United  States  is  obligated  to  maintain  a  large 
navy.  Exi)]ain  how  the  seacoast  is  ])rotected.  AMiere  is  Fortress  Monroe? 
Have  you  ever  seen  it?  Tell  all  you  know  about  it.  Why  should  Cape 
Charles  and  Cape  Henry  be  fortified? 

8.  What  i)eo])le  are  known  as  immigrants?  Where  do  they  come  from, 
and  why?  What  restrictions  are  imjiosed  upon  inuuigrants  who  seek 
admission  to  the  United  States?  Why  are  Orientals  largely  excluded? 
AAhy  do  some  immigrants  fail  to  become  Americanized?  What  role  do 
the  schools  play  in  the  process  of  Americanizing  these  foreigners? 

9.  What  is  the  meaning  of  naturalization?  Do  you  know  any  person 
who  has  been  naturalized?  Where  was  he  born?  Has  he  the  same  rights 
that  you  have?  What  duty  does  he  owe  the  government  of  the  United 
States?  How  does  a  foreigner  become  a  naturalized  citizen  of  the  United 
States? 


CHAPTER  XIX 
COMMERCE,  FINANCE,  AND  INDUSTRIES 

PROMOTION  OF  FOREIGN  COMMERCE.  Mention 
has  been  made  of  the  fact  that  the  national  government  has 
complete  power  to  regulate  the  commerce  between  the  United 
States  and  foreign  countries.  The  government  does  many 
things  to  help  American  citizens  to  secure  markets  abroad  for 
their  goods.  To  many  of  the  important  cities  of  the  world 
the  United  States  sends  representatives  known  as  consuls- 
general  or  consuls.  It  also  sends  to  a  few  countries  officers 
known  as  commercial  attaches.  These  officers,  as  well  as 
other  special  agents  of  the  government,  gather  a  great  deal  of 
information  that  is  of  value  to  American  manufacturers  and 
merchants.  This  information  is  published  by  the  govern- 
ment for  the  benefit  of  those  who  are  interested. 

INTERSTATE  COMMERCE.  In  this  day  of  frequent 
travel  and  of  large  activity  in  commerce  between  different 
parts  of  the  United  States,  we  sometimes  almost  forget  that 
there  are  any  boundaries  between  the  states.  Goods  are 
sent  from  one  state  to  another  as  easily  and  as  frequently  as 
they  are  sent  from  one  local  community  to  another.  This 
would  not  be  the  case,  of  course,  if  each  state  had  the  power 
to  restrict  people  or  goods  from  coming  in  from  another  state. 
If  this  were  so,  a  great  deal  of  confusion  would  naturally  re- 
sult, and  much  of  our  travel  and  commerce  would  be  in- 
terrupted or  destroyed.  To  avoid  this  difficulty  the  national 
government  is  given  complete  control  over  interstate  com- 
merce— that  is,  commerce  passing  from  one  state  to  another. 

It  has  been  the  general  policy  of  the  national  government 
to  permit  commerce  to  be  carried  on  between  the  states  with- 
out restrictions  of  any  kind.     In  a  few  important  instances^ 

145 


146    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

however,  the  national  government  has  imposed  restrictions 
upon  such  commerce.  We  have  seen  that  the  government  of 
Virginia  regulates  the  rates  and  the  service  of  railway  com- 
panies and  of  telephone,  telegraph,  and  express  companies. 
Most  of  these  companies,  however,  operate  beyond,  as  wqll  as 
within,  the  boundaries  of  Virginia.  Naturally  the  govern- 
ment of  Mrginia  cannot  control  their  operations  beyond  the 
limits  of  the  state,  nor  can  the  state  government  control  their 
operations  within  the  state  in  such  way  as  to  interfere  with 
their  interstate  business.  The  national  government,  there- 
fore, undertakes  to  regulate  the  rates  and  the  service  of  such 
companies  so  far  as  these  matters  are  a  part  of  the  interstate 
business  of  the  companies.  In  other  words,  the  power  to 
control  these  companies  is  divided  between  the  state  govern- 
ment on  the  one  hand  and  the  national  government  on  the 
other. 

The  national  government  also  undertakes  to  prohibit  the 
formation  of  enormous  companies — trusts  they  are  commonly 
called — which  seek  in  one  way  or  another  to  control  this  or 
that  kind  of  business  throughout  the  country  and  thus  to 
charge  as  high  prices  as  they  choose.  The  government  also 
endeavors  to  prevent  persons  and  companies  engaged  in  inter- 
state business  from  adopting  business  methods  and  practices 
that  are  unfair.  This  field  of  the  national  government's 
activity  is,  however,  exceedingly  complicated.  It  is  a  sub- 
ject which  can  be  clearly  understood  only  by  trained  lawyers. 

NA  VIGA  TION  SERVICES.  In  connection  with  the  regu- 
lation of  foreign  and  domestic  commerce,  the  national  govern- 
ment undertakes  to  control  and  regulate  many  mattei-s  per- 
taining to  the  navigation  of  boats.  In  the  first  place,  in  order 
to  promote  the  safety  of  passengers  and  crews,  the  govern- 
ment imposes  many  regulations  upon  those  who  operate 
boats.  The  government  also  has  inspectors  to  examine  boats 
to  see  that  these  rules  are  complied  with.  In  the  second 
place,  the  government  establishes    lighthouses  and  maintains 


COMMERCE,  FINANCE,  AND  INDUSTRIES    147 

light-ships,  buoys,  and  other  aids  to  navigation.  Without 
these  aids,  accidents  upon  the  rivers,  bays,  and  oceans  would  be 
far  more  frequent  than  they  are.  In  the  third  place,  the  gov- 
ernment maintains  an  elaborate  coast-guard  service.  Scattered 
all  along  the  coasts,  the  great  lakes,  and  many  rivers  are 
what  are  known  as  life-saving  stations,  where  crews  of  strong 
men  with  life-saving  boats  and  equipment  stand  ready  to  give 
help  to  any  vessel  in  distress. 


THE  LIGHTHOUSES  AT  CAPE  HENRY 

In  the  center  of  the  picture  stands  the  new  tower,  the  light  from  which  may  be 

seen  many  miles  out  at  sea.     To  the  left  the  apparatus  of  the 

United  States  wireless  telegraph  station  is  shown 


THE  PANAMA  CANAL  AND  RIVER  AND  HARBOR 
IMPROVEMENTS.  In  order  to  facilitate  commerce  be- 
tween the  Atlantic  and  Pacific  coasts,  as  well  as  with  the 
Philippine  Islands  and  the  Orient,  the  national  government 
has  at  enormous  expense  constructed  the  Panama  Canal. 
This  canal  is  owned  and  operated  by  the  government.  From 
time  to  time,  also,  the  government  spends  a  great  deal  of 
money  in  dredging  and  otherwise  improving,  for  purposes  of 
navigation,  rivers  and  harbors  in  all  parts  of  the  country^ 


148    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

It  is  regrettable,  however,  that  this  money  is  not  always  de- 
voted to  the  improvements  that  are  most  urgently  needed. 

CONTROL  OVER  INTERSTATE  COMMERCE  IN 
FOODS  AND  DRUGS.  We  have  seen  that  our  state  and 
local  governments  undertake  in  many  wa\s  to  protect  the 
people  against  impure  foods.  To  the  extent,  however,  that 
these  foods  are  shipped  across  state  lines  they  are  subject  to 
control  by  the  national  government.  In  1906  the  national 
government  passed  a  law  known  as  the  Food  and  Drugs  Act 
and  another  law  known  as  the  Meat  Inspection  Act.  Under 
this  last  mentioned  law,  the  government  maintains,  at  all  of 
the  large  plants  where  meat  is  prepared  and  canned,  inspectors 
whose  duty  it  is  to  see  that  no  diseased  meat  and  no  injurious 
substances  get  into  the  packages  which  are  to  be  distributed 
over  the  country  for  sale.  The  government  does  not  maintain 
inspection  at  plants  in  which  such  things  as  vegetables  and 
fruits  are  canned  and  breakfast  foods  and  other  package 
foods  are  put  up.  The  government  does,  however,  buy  up 
samples  of  these  things  in  all  parts  of  the  country,  and  if  it 
is  found  that  any  canner  or  manufacturer  has  violated  the 
law,  the  government  provides  that  he  shall  be  punished. 

THE  INTERESTS  OF  LABOR.  We  have  seen  that  the 
state  of  \'irginia  enacts  laws  for  the  special  protection  of 
those  who  are  employed  as  laborers  in  the  state.  Nearly  all 
regulations  of  this  kind  are  made  by  the  several  states  of  the 
Union.  The  national  government,  however,  makes  many  in- 
vestigations concerning  the  conditions  under  which  laborers 
are  employed  in  the  United  States,  collects  a  great  deal  of 
information  on  this  subject,  and  in  many  ways  endeavors  to 
promote  the  interests  of  the  laboring  classes.  The  govern- 
ment is  especially  interested  in  investigating  the  conditions 
under  which  children  are  employed  in  labor. 

THE  POSTAL  SERVICE.  The  business  of  carrying  the 
mails  is  owned  and  operated  exclusively  by  the  national  gov- 
ernment.    This  great  business  of  the  government  probably 


COMMERCE,  FINANCE,  AND  INDUSTRIES    149 

l)rings  it  in  closer  relations  w  ith  the  everyday  life  of  the  people 
than  any  of  its  other  activities.  Post  offices  are  established 
everywhere  throughout  the  country,  and  everybody  is  more  or 
less  directly  dependent  upon  the  service  which  the  government 
thus  provides. 

The  government  realizes  that  quick  and  cheap  postal  service 
is  very  necessary  for  the  progress  and  development  of  the 
country.  The  charges  for  postage  have,  in  the  course  of 
time,  been  greatly  reduced.     On  account  of  their  weight, 


THE  POST  OFFICE  AT  RICHMOND,  VIRGINIA 

newspapers  iand  magazines  are  of  course  more  expensive  to 
carry  than  letters;  yet  because  these  things  promote  the 
general  knowledge  and  information  of  the  people,  the  govern- 
ment carries  them  at  lower  rates  than  are  charged  for  letters, 
even  though  this  policy  results  in  a  great  loss.  , 

Within  recent  years  the  postal  service  has  been  improved 
in  a  number  of  important  ways.     The  government  has  es- 


150  GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

tabiishcd,  for  example,  what  are  known  as  "rural  free  de- 
liveries," so  that  the  farmer  now  has  his  letters  and  newspapers 
brought  promptly  to  his  gate,  just  as  in  cities  mail  matter  is 
delivered  directly  to  the  houses  of  the  people.  The  govern- 
ment has  also  introduced  into  the  mail  service  what  is  known 
as  the  "parcel  post."  For  a  long  time  small  packages  have 
been  carried  in  the  mails.  The  government  now  carries  in 
the  parcel  post  any  package  of  merchandise  that  is  not  more 
than  seven  feet  in  length  and  girth  combined  and  that  does 


(Copyright,  Underwood   &Underwood) 

BUSY  SCENE  IN  A  CITY  POSTOFFICE 
Handling  thousands  of  parcel  post  packages  at  the  Christmas  season 


not  weigh  more  than  twenty  pounds.  Indeed,  the  govern- 
ment will  receive  and  transport  for  limited  distances  packages 
weighing  as  much  as  fifty  pounds.  The  charges  for  carrying 
packages  in  the  parcel  post  vary  with  the  weight  of  the  package 
and  the  distance  it  is  to  be  carried.  Still  another  reform  in 
the   postal   service   has  been   the  establishment  of   "postal 


COMMERCE,  FINANCE,  AND  INDUSTRIES    151 

sa\ings  banks."  These  banks  were  provided  chiefly  for 
those  who  were  unwilling  to  put  their  savings  in  banks  that 
were  privately  owned  and  for  those  who  could  not  convenient- 
ly do  this.     The  government  itself  guarantees  the  safety  of 


(Copyright,  Underwood  &  Underwood) 
COUNTING  COIN  IN  THE  UNITED  STATES  TREASURY  VAULTS 
In  the  bags  here  shown  there  are  $156,708,960  in  silver  dollars;  $2,000,000  in  half- 
dollars  and  quarters;  as  well  as  some  gold  coins,  nickels,  and 
pennies.  The  counting  is  done  largely  by  weighing  the  bags 

the  deposits  in  these  banks  and  pays  a  low  rate  of  interest  on 
them. 

TTHE  MONEY  SYSTEM.     If  each  state  of  the  Union  had 
the  power  to  coin  its  own  money  and  regulate  its  own  money 


152    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

system,  it  is  easy  to  imagine  what  confusion  would  result. 
We  should  have  to  keep  in  mind  the  value  of  the  coins  of  forty- 
eight  different  states.  This  would  be  anno>ing  beyond  de- 
scription. For  this  reason  the  national  government  is  given 
the  power  to  establish  one  money  system  throughout  the  entire 
•countr\-. 

In  order  that  we  may  be  protected  against  frauds,  the 
national  government  itself  undertakes  to  coin  the  money  that 
is  used  by  the  people  and  prohibits  private  individuals  from 
doing  so.     The  coins  are  made  in  the  United  States  mints. 
The  government  punishes  any  person  who  attempts  to  dupli- 
cate or  counterfeit  United  States  coins.     The  national  govern- 
ment also  provides  for  the  issue  of  paper  money.     It  must  not 
be   thought,   however,   that   the  government  can   issue  any 
amount  of  paper  money  that  it  chooses.     A  great  many  people 
have  this  foolish  idea.     It  is  impossible  briefly  to  describe 
the  various  kinds  of  paper  money  that  are  issued.     It  is 
necessary  to  understand,   however,  that  a  one  dollar,  five 
dollar,  or  twenty  dollar  bill  is  nothing  more  than  the  promise 
•of  the  government  (or  of  some  bank  authorized  by  the  gov- 
ernment) to  pay  this  amount  of  money  in  gold  or  silver  coins. 
The  government  sees  to  it  that  sufficient  coins  are  on  hand  to 
meet  these  money  promises  which  are  used  in  all  parts  of  the 
country  in  the  form  of  paper  money.     People  very  seldom 
make  a  demand  for  the  actual  payment  of  these  promises; 
but  if  the  government  failed  to  keep  enough  coins  on  hand  to 
pay  them,  the  people  would  soon  learn  this  fact  and  paper 
money  issued  by  the  government  would  become  of  less  value, 
if  not  indeed  wholly  worthless.     The  state  governments  are 
forbidden  either  to  coin  money  or  to  issue  paper  money. 

THE  NATIONAL  BANKING  SYSTEM.  INIany  of  our 
banks  are  organized  under  state  laws  and  are  subject  to  the 
control  of  the  states.  Many  banks,  however,  are  known  as 
national  banks,  and  these  are  organized  under  national  laws 
and  are  subject  to  the  control  of  the  national  government. 


COMMERCE,  FINANCE,  AND  INDUSTRIES    153 

There  are  thousands  of  such  banks  scattered  throughout  the 
country.  It  is  only  these  national  banks  that  are  permitted  to 
issue  paper  money,  and  they  can  make  such  issues  only  by 
complying  with  very  strict  requirements  of  the  law. 

The    national    government    has    also    established    what    is 


(Copyright,  Underwood  &  Underwood) 

A  STAMP-PRINTING  MACHINE 
This  machine  prints,  gums,  perforates,  and  coils  300,000  stamps  per  day 

known  as  a  system  of  federal  reserv^e  banks.  There  are  tw^elve 
such  banks  in  the  country,  each  of  them  operating  in  one  of 
the  twelve  reserve  districts  into  which  the  United  States  is 
divided.     One  of  these  banks  is  located  at  Richmond.     The 


154    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

federal  reserve  system  is  so  complicated  that  it  seems  un- 
necessary to  attempt  to  describe  its  many  operations.  It  is 
sufficient  to  note  that  it  plays  a  very  important  part  in  the 
regulation  of  the  currency  and  the  banking  business  in  the 
country. 

PATENTS  AND  COPYRIGHTS.  When  a  person  writes 
a  book  or  invents  a  machine  his  book  or  his  invention  is  really 
a  part  of  his  property.  Unless  he  is  protected  in  this  property, 
however,  someone  else  may  reprint  his  book  or  manufacture 
his  machine  without  his  consent.  This  would  deprive  him 
of  his  just  profits.  In  order  to  encourage  authors  and  in- 
ventors the  government  provides  them  with  protection  for 
their  work.  To  the  author  it  issues  w^hat  is  known  as  a  copy- 
right, and  to  the  inventor  what  is  known  as  a  patent.  It  is 
made  unlawful  for  anyone,  except  the  owner  of  a  copyright 
or  patent,  to  publish  a  book  that  has  been  copyrighted  or  to 
manufacture  a  machine  or  other  device  that  has  been  patented. 

PUBLIC  LANDS  AND  FORESTS.  The  United  States 
government  formerly  possessed  in  its  own  name  a  great  deal 
of  the  land  in  the  country.  Most  of  this  has  been  sold  to 
private  persons,  although  a  considerable  part  of  it  was  turned 
over  to  certain  railway  companies  in  order  to  encourage  the 
building  of  railway  lines;  and  another  considerable  part  of 
it  was  given  to  certain  states  to  aid  in  the  development  of 
their  educational  systems.  The  national  government  still 
owns  some  of  the  land,  this  being  located  chiefly  in  the  western 
states.  Some  of  this  land  is  unproductive  because  of  the  dry- 
ness of  the  climate.  The  government  in  many  places  has 
undertaken  to  reclaim  this  arid  land  by  constructing  large 
irrigation  systems. 

The  government  has  set  aside  in  the  western  states  large 
tracts  of  forest  lands  with  the  intention  of  preserving  the 
forests  against  destruction.  Recently,  moreover,  the  gov- 
ernment has  purchased  certain  forest  lands  in  the  east,  these 
lands  being  in  the  White  and  the  Appalachian  Mountains. 


COMMERCE,  FINANCE,  AND  INDUSTRIES    155 

A  few  of  these  recently  purchased  forest  lands  are  in  the 
state  of  Virginia.  The  government  permits  certain  timber 
to  be  cut  from,  and  other  uses  to  be  made  of,  these  forest 
lands.  In  many  ways,  also,  it  encourages  the  preservation 
of  forest  lands  and  endeavors  to  protect  them  from  devastat- 
ing fires. 

PROMOTION  OF  AGRICULTURE.  We  have  seen  that 
our  state  government  undertakes  in  many  ways  to  further 
the  interests  of  those  who  earn  their  living  by  farming.     The 


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FOREST  DEPREDATION 
Showing  an  oak  tree  ruined  by  "girdling,"  the  bark  being  stripped  off  to  be  used 
as  a  carrier  for  huckleberries.  This  is  one  kind  of  destruction 
that  the    Forest  Service    seeks  to  prevent 


national  government  also  undertakes  to  promote  the  agri- 
cultural interests  of  the  people.  It  collects  and  publishes  a 
great  deal  of  valuable  information  on  almost  every  subject 
that  is  of  interest  to  farmers.  It  maintains  experiment 
stations  in  various  parts  of  the  country  and  also  contributes 
a  good  deal  of  money  for  agricultural  education  in  the  various 
states. 


156    GOVERXAIEXT  AND  POLITICS  IN  VIRGINIA 

CLASS  EXERCISES 

1 .  Can  Virginia  prohibit  persons  from  coming  into  the  state  from  Mary- 
land, ^^■est  Virginia,  Kentucky,  or  North  Carolina?  Can  Virginia  pro- 
hibit goods  from  being  brought  in  from  these  states?  Why?  What  do 
we  mean  by  interstate  commerce?  Who  controls  it?  Why?  To  what 
extent  does  the  national  government  control  railways,  telegraph  and  tele- 
phone companies?     Why? 

2.  Have  you  ever  seen  a  life-saving  station  or  a  lighthouse?  If  so, 
describe  it.  ^^'ho  maintains  these  things,  and  why?  ^^  hy  and  by  whom 
was  the  Panama  Canal  constructed? 

3.  To  what  extent  and  how  does  the  national  government  i)rotect  us 
against  impure  foods? 

4.  \\'here  is  your  nearest  ])ost  office?  Who  maintains  it?  Why? 
Tell  all  that  you  know  about  the  jjostal  service  in  your  community.  Why 
are  newspapers  and  magazines  carried  for  less  than  letters?  What  is  the 
parcel  post?  A  postal  savings  bank?  Why  were  these  reforms  intro- 
duced? How  heavy  a  letter  can  you  send  for  two  cents?  Find  out  how 
much  it  would  cost  to  send  a  package  weighing  ten  pounds  from  your 
post  office  to  Washington.  To  New  York.  To  Chicago.  What  are 
patents  and  copyrights?  By  whom  are  they  issued  and  why?  Look  in 
the  front  of  one  of  your  school  books  and  see  who  copyrighted  it.  What 
does  this  mean?  Have  you  ever  seen  any  article  marked  "patented"  or 
"patent  applied  for"?  Tell  about  the  article  and  explain  why  it  was 
patented. 

5.  Who  coins  the  money  we  use?  Why  is  ^'irginia  not  permitted  to 
coin  money?  What  is  a  mint?  Why  does  the  national  government  main- 
tain mints?  What  is  meant  by  counterfeiting?  ^^'hy  is  it  made  a  crimi- 
nal offense?  WTiat  is  jiajier  money?  Who  issues  it?  Why?  Does  Vir- 
ginia issue  any  paper  money?  Why?  Can  the  national  government  issue 
any  amount  of  paper  money  it  chooses? 

6.  What  is  a  national  bank?     A  federal  reserve  bank? 

7.  WTiy  should  forest  lands  be  preserved?  Have  you  ever  seen  or 
heard  of  a  forest  fire?  How  was  it  started?  Could  it  have  been  pre- 
vented? 

8.  Try  to  find  someone  in  your  community  who  has  secured  informa- 
tion or  assistance  from  the  National  Department  of  Agriculture.  What 
sort  of  information  or  assistance  did  he  secure? 


FOURTH  PART 
ORGANIZATION  OF  THE  NATIONAL  GOVERNMENT 


CHAPTER  XX 
THE  NATIONAL  CONSTITUTION 

THE  MEANING  OF  THE  NATIONAL  CONSTITU- 
TION. We  have  seen  that  the  government  of  Virginia  is 
organized  under  a  fundamental  law  which  is  known  as  the 
state  constitution.  Our  national  government  also  is  or- 
ganized under  a  constitution,  and  it  is  important  for  us  to 
understand  how  the  Union  of  states  came  to  be  formed,  and 
how  the  national  constitution  was  framed  and  established. 

THE  UNION  OF  THE  COLONIES  TO  FIGHT  FOR  IN- 
DEPENDENCE. During  the  colonial  period  of  our  history 
each  of  the  thirteen  colonies  was  under  the  control  of  the 
British  government.  There  was,  however,  no  sort  of  union 
which  bound  them  together.  Each  colony  was  independent 
of  the  others.  They  were  forced  to  join  hands  only  because 
the  Parliament  of  the  mother  country  began  to  oppress  them 
and  to  impose  upon  them  taxes  which  they  felt  were  unjust. 
They  realized  fully  that  if  their  revolt  against  this  oppression 
was  to  be  successful,  they  would  have  to  act  together.  In 
1774  the  colonists  therefore  determined  to  send  delegates  to 
what  was  known  as  a  Continental  Congress,  which  should 
represent  them  in  their  struggle  with  Great  Britain.  It  was 
this  Congress  that  issued  the  Declaration  of  Independence 
and  provided  for  carrying  on  the  Revolutionary  War.  The 
success  of  the  war  freed  the  colonies  from  British  controL 

157 


158    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

They  were  no  longer  dependent  colonies;  they  became  inde- 
pendent states. 

During  the  period  of  the  war  the  Continental  Congress 
•exercised  whatever  powers  were  necessary.  But  natural!}-,  after 
peace  was  established,  the  people  were  unwilling  to  have  this 
Congress  govern  them  as  it  chose.  Even  while  the  war  was 
going  on,  steps  were  taken  to  determine  how  the  government 
•of  the  Union  should  be  organized  and  what  powers  it  should 
exercise. 

UNION  UNDER  THE  ARTICLES  OF  CONFEDERA- 
TION. In  1777  a  committee  of  the  Continental  Congress 
•drew  up  a  plan  of  government  for  the  new  Union.  The  docu- 
ment which  they  prepared  was  known  as  the  Articles  of  Con- 
federation. It  was  provided  that  this  government  should  not 
go  into  operation  until  every  one  of  the  thirteen  states  had 
agreed  to  accept  it.  In  1781  the  last  state  gave  its  consent, 
and  the  government  provided  by  the  Articles  of  Confederation 
was  set  in  motion. 

The  government  established  by  the  Articles  of  Confedera- 
tion proved  to  be  very  unsatisfactory.  The  war  had  been 
costly,  and  the  states  were  deeply  in  debt.  Money  was 
needed  for  carrying  on  the  work  of  the  new  government;  yet 
the  government  had  no  adequate  way  of  raising  mone>'.  It 
had  no  power  to  levy  taxes  upon  the  people.  It  had  to  call 
upon  the  different  states  to  contribute  to  its  support.  The 
Congress  of  the  Confederation  could  not  compel  the  states  to 
pay  their  contributions.  Indeed,  it  could  not  compel  obedi- 
ence to  any  of  the  laws  of  the  Union. 

Within  a  few  years  it  was  seen  that  the  government  estab- 
lished by  the  Articles  of  Confederation  was  a  hopeless  failure. 
More  than  one  attempt  was  made  to  give  the  Congress  of  the 
Union  additional  powers.  But  no  change  could  be  made 
without  the  consent  of  every  state;  and  this  it  was  impossible 
to  secure.  The  far-seeing  statesmen  of  the  time  realized  that 
if  the  Union  was  to  continue,  something  must  be  done  to 


THE  NATIONAL  CONSTITUTION  159 

increase  the  powers  of  the  national  government.  Washing- 
ton called  it  a  "half-starved,  limping  government,  always 
moving  upon  crutches,  and  tottering  at  every  step." 

Difficulties  had  early  arisen  between  Virginia  and  Mary- 
land over  the  control  of  commerce  on  the  Potomac  River  and 
Chesapeake  Bay,  and  these  states  seemed  unable  to  settle 
their  disputes.  In  1785  the  General  Assembly  of  Virginia 
invited  all  the  states  to  send  representatives  to  a  convention 
to  be  held  at  Annapolis  the  year  following.  This  convention 
was  called  merely  to  consider  the  trade  and  commerce  of  the 
Union.  Only  five  of  the  states  were  represented  when  the 
delegates  can;e  together.  But  a  stirring  address  was  issued 
calling  upon  the  states  to  send  delegates  to  another  conven- 
tion which  should  meet  the  next  year  for  the  purpose  of  re- 
vising the  Articles  of  Confederation. 

THE  CON  ST  IT  UTIONAL  CON  VENT  ION  OF  1787.  The 
Convention  which  was  thus  proposed  assembled  in  Phila- 
delphia in  May,  1787.  It  was  composed  of  delegates  from 
every  state  except  Rhode  Island.  Nearly  all  the  truly  great 
men  of  that  time  were  among  its  members.  Washington  was 
its  president,  and  Virginia  was  also  represented  by  James 
Madison,  George  Mason,  and  Edmund  Randolph.  Jeffer- 
son was  not  a  member  of  this  convention,  for  at  this  time  he 
was  representing  the  government  of  the  United  States  in 
France.  Prominent  also  in  the  Convention  were  Benjamin 
Franklin  and  Alexander  Hamilton.  It  was  a  high-minded, 
patriotic,  and  noble  body  of  men,  which  met  at  a  critical  time 
to  determine  how  the  Union  might  be  strengthened  and  pre- 
served. 

As  a  matter  of  fact,  the  Convention  did  not  attempt  to  re- 
vise the  Articles  of  Confederation.  They  set  about  the  task  of 
drawing  up  a  completely  new  form  of  government.  After 
nearly  five  months  of  careful  deliberation,  their  work  was  com- 
pleted. They  had  framed  a  new  constitution  for  the  Union 
of  states. 


160    GOVERNMENT'  AND  POLITICS  IN  VIRGINIA 

HOW  THE  NEW  CONSTITUTION  WAS  MADE  EF- 
FECTIVE. The  Convention  sent  the  constitution  which 
they  had  framed  to  the  Congress  of  the  Union,  which  was  then 
in  session.  They  requested  that  this  Congress  should,  in 
turn,  send  it  to  the  several  states  for  consideration.  In  each 
of  the  thirteen  states  a  convention  representing  the  people  of 
the  state  was  called  together  to  decide  whether  the  state 
would  accept  or  reject  the  new  form  of  government.  Accord- 
ing to  the  plan  adopted  by  the  Convention,  the  constitution 
was  to  go  into  effect  whenever  nine  of  the  states  should  accept 
it.  By  this  action  of  its  own  convention  each  state  made  its 
own  choice.  No  state  was  compelled  to  adopt  the  proposed 
constitution. 

The  conventions  in  some  of  the  states  had  little  difficulty  in 
agreeing  to  adopt  the  new  form  of  union.  In  others,  however, 
the  constitution  hung  in  the  balance  for  months.  There 
were  several  reasons  why  the  proposed  constitution  met  with 
so  much  opposition.  The  states  had  but  recently  been  freed 
from  the  oppressive  yoke  of  Great  Britain.  They  were  now 
enjoying  independence,  and  they  feared  to  give  up  any  large- 
amount  of  power  even  to  a  government  of  their  own  creation. 
They  were  afraid  that  as  states  they  would  be  deprived  of 
too  many  rights,  and  that  the  people  might  not  be  secure  in 
their  liberties.  This  was  perhaps  the  chief  objection  that  the 
new  constitution  had  to  overcome. 

Mrginia  was  the  tenth  state  to  ratify  the  constitution.  The 
opposition  in  Virginia  was  led  by  Patrick  Henry,  who  pro- 
tested violently  against  granting  to  the  government  of  the 
Union  such  large  powers  as  the  constitution  provided  for.  In 
the  Virginia  convention  those  members  who  were  in  favor  of 
accepting  the  constitution  were  led  by  James  Madison.  In 
the  Constitutional  Convention  at  Philadelphia,  it  was  Madi- 
son who  had  brought  forward  the  plan  of  government  which 
was,  after  many  changes,  finally  adopted.     In  the  end  he: 


THE  NATIONAL  CONSTITUTION  161 

succeeded  in  carrying  a  small  majority  of  the  Virginia  con- 
vention in  favor  of  adoption. 

By  the  summer  of  1788  eleven  states  had  ratified  the  con- 
stitution. North  Carolina  and  Rhode  Island  alone  refused 
their  consent.  Indeed  they  did  not  come  in  as  members  of 
the  new  Union  until  after  the  government  had  gone  into 
operation.  Before  the  spring  of  1789,  Washington  had  been 
unanimously  chosen  the  first  President  of  the  United  States; 
and  the  members  of  the  first  national  Congress  had  been 
elected.  The  Congress  of  the  old  Confederation  passed  out  of 
existence,  and  the  government  provided  for  by  the  new  con- 
stitution, under  which  our  national  government  is  still  estab- 
lished, came  into  being. 

AMENDING  THE  NATIONAL  CONSTITUTION.  We 
have  seen  that  our  state  constitution,  being  the  highest  law 
of  the  state,  is  considered  of  such  importance  that  the  legis- 
lature is  not  permitted  to  change  it.  This  is  true  also  of  our 
national  constitution.  Indeed  it  may  be  said  generally  that 
no  constitution  in  the  United  States,  whether  state  or  national, 
can  be  amended  simply  by  an  act  of  the  ordinary  law-making 
body. 

The  constitution  of  the  nation  provides  that  changes,  or 
amendments  as  they  are  called,  may  be  proposed  in  Congress. 
But  every  proposed  amendment  must  be  passed  by  a  two- 
thirds  vote  of  each  house  of  Congress,  and  it  must  thereafter 
be  sent  to  the  states  for  consideration.  No  amendment  can 
become  a  part  of  the  constitution  until  it  has  received  the 
consent  of  the  legislatures  in  at  least  three-fourths  of  the 
states.  The  constitution  also  provides  that,  upon  applica- 
tion of  the  legislatures  of  two-thirds  of  the  states,  Congress 
shall  call  a  convention  for  the  purpose  of  proposing  amend- 
ments, but  this  method  of  amending  the  constitution  has 
never  been  used. 

As  a  matter  of  fact,  it  is  a  very  difficult  matter  to  secure 
for  any  amendment  a  two-thirds  majority  of  each  house  of 


162    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Congress  and  the  consent  of  three-fourths  of  the  states.  It  is, 
in  consequence,  very  difficult  to  amend  the  national  constitu- 
tion. Since  the  constitution  went  into  operation  in  1789, 
more  than  tw'enty-five  hundred  amendments  have  been  pro- 
posed in  Congress.  Most  of  these  have  failed  to  secure  the 
necessary  two-thirds  vote,  and  nearly  all  of  the  others  have 
been  lost  when  they  have  been  submitted  to  the  states. 
Seventeen  amendments,  however,  have  been  adopted;  and  it 
is  of  interest  and  importance  to  note  how  these  amendments 
came  to  be  adopted. 

THE  FIRST  TEN  AMENDMENTS.  At  the  time  when 
the  constitution  was  being  discussed  in  the  different  state 
conventions  much  fear  was  expressed  that  it  did  not  contain 
sufficient  restrictions  upon  the  powers  of  the  national  govern- 
ment. The  people  were  afraid  that  the  new  government 
might  not  be  careful  to  protect  their  liberties.  Several  state 
conventions,  in  adopting  the  constitution,  proposed  that  cer- 
tain amendments  should  be  immediately  passed  for  the  pur- 
pose of  protecting  the  people's  liberties.  In  the  first  Congress 
that  met  under  the  new  constitution,  these  amendments  re- 
ceived the  necessary  two-thirds  vote  in  each  house  of  Con- 
gress, and  they  were  very  quickly  accepted  by  the  states. 
They  were  added  to  the  constitution  so  early  in  our  history 
that  we  may  almost  regard  them  as  a  part  of  the  original  con- 
stitution. 

These  ten  amendments  provide,  among  other  things,  for 
the  protection  of  our  freedom  of  speech  and  of  the  press,  and 
our  freedom  of  religion.  They  guarantee  us  the  right  of 
trial  by  jury  in  a  fair  and  open  court.  They  prohibit  the 
national  government  from  imposing  unreasonably  large  fines 
or  cruel  and  unusual  punishments,  or  from  making  unreason- 
able searches  of  our  dwellings  and  our  private  affairs.  They 
provide  also  that  our  private  property  shall  not  be  taken 
from  us  unless  we  are  justly  paid  for  it.  These  amendments 
protect  us  in  certain  of  our  rights  against  the  powers  of  the 


THE  NATIONAL  CONSTITUTION  165 

national  government  only.  It  is  important  to  note  that  they 
do  not  restrict  the  powers  of  the  states.  As  we  have  already 
learned,  it  is  by  means  of  our  state  constitution  that  we  are 
protected  in  these  matters  against  the  powers  of  our  state 
government. 

THE  ELE  VENTH  A  MENDMENT.  I n  1 793 ,  four  years 
after  the  new  government  had  been  established,  trouble  arose 
between  the  state  of  Georgia  and  the  government  of  the  United 
States  over  a  suit  that  was  brought  against  Georgia  in  the 
national  courts.  Georgia  thought  that  the  national  govern- 
ment had  no  power  to  force  any  state  to  come  before  its 
courts.  In  order  that  the  states  might  be  protected  against 
such  suits,  the  eleventh  amendment  was  passed. 

THE  TWELFTH  A  MENDMENT.  The  original,  method 
provided  in  the  constitution  for  electing  the  President  and 
Vice-President  of  the  United  States  proved  to  be  very  awk- 
ward and  unsatisfactory.  In  the  year  1801  it  produced  serious 
trouble,  and  a  bitter  contest  resulted  before  Thomas  Jeffer- 
son finally  triumphed  over  Aaron  Burr.  A  few  years  after 
Jefferson's  inauguration  the  twelfth  amendment  was  passed 
by  Congress  and  adopted  by  the  necessary  number  of  states. 
It  pro^•ided  for  our  present  method  of  electing  the  President 
and  Vice-President,  which  we  shall  have  occasion  to  examine 
at  a  later  point  in  our  study. 

THE  THREE  AMENDMENTS  THAT  RESULTED 
FROM  THE  WAR  BETWEEN  THE  STATES.  During 
the  period  of  our  history  just  after  the  War  Between  the  States, 
the  thirteenth,  fourteenth,  and  fifteenth  amendments  were 
added  to  the  constitution.  They  were  intended  to  protect 
and  to  give  certain  rights  to  the  recently  freed  negroes. 

By  the  thirteenth  amendment  slavery  was  abolished 
throughout  the  United  States. 

The  fourteenth  amendment  provides,  first  of  all,  that  "all 
persons  born  or  naturalized  in  the  United  States  are  citizens 
of  the  United  States  and  of  the  state  in  which  they  reside." 


164    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

This,  of  course,  grants  citizenship  to  the  negroes.  The 
amendment  provides  also  that  the  states  shall  give  to  all  per- 
sons equal  protection  of  the  laws,  and  guarantees  that  the 
national  government  will  protect  everybody,  in  his  life,  his 
liberty,  and  his  property,  against  any  unjust  action  on  the 
part  of  the  states.  This  amendment  does  not  mention  the 
negroes;  but  its  purpose  was  evidently  to  afford  them  protec- 
tion against  the  states. 

We  have  already  noted  the  qualifications  which  our  own 
state  requires  of  those  who  wish  to  vote  at  elections  held  in 
Virginia.  Throughout  the  Union  each  state  determines  who 
shall  and  who  shall  not  vote  within  its  limits.  However,  by 
the  fifteenth  amendment  to  the  constitution,  it  is  provided 
that  no  state  can  deprive  any  person  of  his  right  to  vote  be- 
cause of  his  "race,  color,  or  previous  condition  of  servitude." 
The  purpose  of  this  amendment  was  to  prevent  the  southern 
states  from  depriving  the  negro  of  his  right  to  vote  merely 
because  he  was  a  negro  and  because  he  had  been  a  slave. 

THE  INCOME  TAX  AMENDMENT.  As  we  shall  see 
later,  the  national  constitution  placed  certain  restrictions  on 
Congress  in  the  matter  of  levying  taxes.  One  of  these  re- 
strictions prevented  Congress  from  imposing  taxes  on  the 
people  in  proportion  to  their  incomes.  In  1909  an  amend- 
ment removing  this  restriction  was  submitted  by  Congress 
to  the  states;  and  in  1913  this  amendment,  having  been  ac- 
cepted by  the  legislatures  of  three-fourths  of  the  states,  was 
added  to  the  constitution  as  the  sixteenth  amendment. 

AMENDMENT  FOR  THE  DIRECT  ELECTION  OF 
UNITED  STATES  SENATORS.  The  constitution  did 
not  provide  for  the  election  of  senators  by  a  vote  of  the  people; 
it  i^rovided  that  they  should  be  chosen  by  the  legislatures  of 
the  various  states.  There  were  many  disadvantages  in  choos- 
ing senators  in  this  manner.  The  position  of  United  States 
senator  is  usually  much  sought  after,  for  it  carries  with  it 
great  dignity  and  influence.     In  consequence  the  members  of 


THE  NATIONAL  CONSTITUTION  165 

our  state  legislatures  were  often  chosen  solely  with  reference 
to  how  they  would  vote  on  the  choice  of  a  United  States 
senator.  State  law-makers  ought  to  be  chosen  wholly  with 
reference  to  their  ability  to  make  proper  laws  for  the  state. 

For  many  years  efforts  were  made  to  change  this  method 
of  electing  United  States  senators.  This  required  an  amend- 
ment to  the  national  constitution.  Finally,  on  May  12,  1912, 
an  amendment  providing  that  senators  should  be  elected  by  a 
direct  vote  of  the  people  of  the  several  states  passed  both 
houses  of  Congress  by  the  necessary  two-thirds  vote  and  was 
sent  to  the  state  legislatures.  Within  one  year  it  had  been 
ratified  by  the  legislatures  in  three-fourths  of  the  states.  In 
May,  1913,  it  was  added  to  the  constitution  as  the  seventeenth 
amendment. 

THE  PROHIBITION  AMENDMENT.  We  have  seen 
that  in  1916  the  sale  of  intoxicating  liquors  was  prohibited 
in  Virginia.  In  December,  1917,  Congress  submitted  to  the 
legislatures  of  the  states  a  constitutional  amendment  pro- 
hibiting the  sale  of  liquors  anywhere  in  the  United  States. 
This  prohibition,  embodied  in  the  eighteenth  amendment, 
went  into  effect  in  January,  1920.  The  manufacture,  sale, 
and  transportation  of  liquors  is  now  prohibited  throughout 
the  entire  United  States. 

THE  WOMEN S  SUFFRAGE  AMENDMENT.  For 
many  years  women  have  been  permitted  to  vote  in  some  of  the 
states.  \'irginia  was  not  one  of  those  states.  In  1920  the 
nineteenth  amendment  to  the  national  constitution  was 
adopted.  This  amendment  prohibits  any  state  from  denying 
to  women  the  right  to  vote.  W'omen,  therefore,  may  now 
vote  in  all  of  the  states. 

THE  CONSTITUTION  TODAY.  The  constitution  as 
it  now  stands  consists  of  the  original  text  as  it  came  from  the 
Convention  of  1787  and  the  nineteen  amendments  which 
have  been  added.  Mr.  Gladstone,  the  great  English  states- 
man, once  made  the  remark  that  the  constitution  of  the 


166  GOVERNMENT  AND  POLITICS  IN  \IRGINIA 

United  States  is  the  greatest  work  ever  struck  off  at  any  one 
time  by  the  mind  and  purpose  of  man.  When  we  pause  to 
think  that  it  has,  with  few  chanj^es,  stood  the  test  of  more 
than  a  century,  we  are  indeed  impressed  with  the  marvelous 
greatness  of  the  work  of  the  Convention  that  framed  it.  In 
1789  the  constitution  ])r()\i(k'd  a  national  government  for  a 
straggling  line  of  states  along  the  Atlantic  seaboard  with  a 
population  of  only  a  few  millions.  Today  it  provides  for  the 
government  of  a  mighty  nation,  stretching  over  a  vast  conti- 
nent from  coast  to  coast  and  extending  its  arms  to  the  islands 
of  the  far  seas — a  nation  with  a  population  of  more  than 
one  hundred  and  ten  millions  of  people. 

CLASS  EXERCISES 

1.  Explain  why  the  American  colonies  were  forced  to  unite  in  their 
struggle  against  the  mother  country.  \\hu\  were  the  Articles  of  Con- 
federation? When  and  why  were  they  drawn  up?  How  were  they 
adopted?  Explain  why  the  government  established  under  the  Articles 
of  Confederation  proved  to  be  a  failure. 

2.  What  was  the  Constitutional  Convention  of  1787?  W'hvu,  where, 
and  why  did  it  assemble?  Who  were  the  delegates  from  Virginia?  Wliat 
was  the  result  of  the  work  of  this  Convention?  Do  you  regard  this  Con- 
vention OS  the  most  important  assf^mbly  in  our  history?     Why? 

3.  How  was  the  constitution  ratified?  IIow  many  states  were  re- 
quired to  ratify  it  before  the  constitution  went  into  effect?  Why  did 
the  constitution  meet  with  opposition?  Describe  the  straggle  in  the  Vir- 
ginia ratifying  convention.  When  was  the  new  government  set  in  mo- 
tion? 

4.  Explain  how  the  constitution  may  be  amended.  Is  it  difficult  or 
easy  to  change  our  constitution?  Do  you  regard  this  as  an  advantage  or 
a  disadvantage? 

5.  How  many  amendments  have  been  passed?  Explain  how  and  when 
the  first  ten  amendment^  came  to  l)e  afiopted.  Why  was  the  eleventh 
amendment  adopted?     The  twelfth? 

6.  Tell  about  the  three  amendments  tliat  resuU(Ml  from  the  War  Be- 
tween the  States.  The  income  tax  amendment.  The  amendment  that 
provided  for  the  election  of  United  States  senators  bv  a  vote  of  the  people. 
The  prohibition  amendment.     The  women's  suffrage  amendment. 


CHAPTER  XXI 

THE  SUPREMACY  OF  THE  NATIONAL  CONSTITU- 
TION 

THE  NATIONAL  GOVERNMENT  AND  THE 
STATES.  We  have  seen  that,  in  addition  to  the  govern- 
ment of  our  state  (which  includes  and  controls  the  govern- 
ment of  our  local  communities),  there  is  a  national  govern- 
ment established  over  the  entire  Union  of  which  our  state  is  a 
part.  We  have  seen  also  that  this  national  government  is 
organized  under  the  constitution  which  was  framed  by  the 
Convention  of  1787.  All  of  us,  therefore,  are  subject  not 
only  to  the  government  of  our  state,  but  also  to  the  govern- 
ment of  our  nation.  Each  of  these  governments  makes  its 
own  laws  and  has  its  own  officers  to  carry  them  out.  To 
each  of  them  we  owe  loyalty  and  obedience,  for  each  in  its 
own  way  helps  to  promote  our  safety,  peace,  and  happiness. 

It  is  perhaps  not  easy  to  understand  how  we  can  be  re- 
sponsible to  two  governments  at  the  same  time — how  we  can 
be  governed  by  two  distinct  groups  of  officers.  Our  national 
and  our  state  governments  are  not  independent  of  each  other. 
On  the  contrary,  each  is  dependent  on  the  other.  The  na- 
tional constitution  did  not  attempt  to  set  up  a  complete 
government.  At  the  time  of  its  adoption  the  state  govern- 
ments were  already  in  existence,  and  they  continued  to  exist. 
The  national  constitution  simply  made  a  division  of  powers 
between  the  government  of  the  nation  and  the  governments  of 
the  states.  Our  state  government  could  not  exist  alone;  for 
it  does  not  provide  for  maintaining  an  army  and  navy,  for 
the  regulation  of  foreign  affairs,  the  making  of  treaties,  the 
coining  of  money,  and  many  other  things  that  are  controlled 
by  the  government  of  the  nation.     Nor  could  our  national 


168    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

government  exist  without  the  states;  for  it  docs  not  provide 
for  the  punishment  of  various  crimes,  the  regulation  of  prop- 
erty, the  building  of  roads,  the  support  of  schools,  the  general 
protection  of  the  health  of  the  people,  nor  for  many  other 
things  that  are  undertaken  by  the  state  governments. 

In  one  sense,  however,  the  national  government  is  inde- 
pendent of  the  states,  and  the  states  are  indcj^endent  of  the 
national  government.  All  the  powers  that  are  usually  exer- 
cised by  a  national  government  are,  in  the  United  States, 
divided  between  the  states  and  the  nation;  and  neither  can 
exercise  the  powers  belonging  properly  to  the  other.  Each 
has  its  own  independent  sphere. 

THE  NATIONAL  CONSTITUTION  IS  THE  "SU- 
PREME LAW  OF  THE  LAND."  The  constitution  de- 
clares emphatically  that  it  is  itself  the  supreme  law  of  the  land. 
This  means  that  the  national  government  cannot  pass  any 
law  or  do  any  act  which  \iolatcs  the  constitution.  It  also 
means  that  the  states,  when  they  make  their  constitutions 
and  pass  their  state  laws,  are  compelled  to  respect  the  terms 
of  the  national  constitution.  This  constitution,  therefore, 
imposes  restriction  on  both  the  national  government  and  the 
states. 

THE  EXPRESS  AND  IMPLIED  POWERS  OF  THE 
NATIONAL  GOVERNMENT.  The  constitution  of  the 
United  States  enumerates  in  detail  the  powers  which  the 
national  government  may  exercise.  We  have  already  learned 
in  general  what  these  powers  are.  When  Congress  wishes  to 
pass  a  law  on  any  subject,  it  must  first  of  all  find  its  authority 
to  do  so  in  the  constitution.  Otherwise  the  law  is  said  to  be 
"unconstitutional";  and  this  means  that  it  is  no  law  at  all. 
We  are  not  obliged  to  obey  those  laws  which,  under  the  con- 
stitution. Congress  has  no  power  to  enact.  It  must  not  be 
thought,  however,  that  each  of  us  can  determine  these  matters 
for  himself — that  we  may  obey  or  disobey  the  laws  of  Congress 
as  we  choose.     As  we  shall  see,   the  constitution  provides 


SUPREMACY  OF  NATIONAL  CONSTITUTION  169 

a  means  by  which  we  may  seek  the  protection  of  the  courts 
whenever  Congress  attempts  to  pass  an  "unconstitutional" 
law. 

It  is  highly  important  to  understand  that  the  national  gov- 
ernment has  certain  powers  which  are  not  in  so  many  words 
laid  down  in  the  constitution.  The  powers  which  are  ex- 
pressly or  directly  given  to  the  national  government  by  the 
constitution  are  not  numerous.  Almost  from  the  beginning 
Congress  found  it  necessary  to  exercise  other  powers,  which  are 
only  indirectly  given,  or  as  we  say,  implied  in  the  constitu- 
tion. For  example,  the  constitution  has  nothing  directly 
to  say  about  the  power  of  Congress  to  regulate  the  manu- 
facture of  foods.  As  we  have  seen,  however,  Congress  has 
exercised  this  power.  The  constitution  simply  gives  Congress 
the  power  to  regulate  interstate  commerce.  But  since  foods 
of  various  kinds  are  shipped  across  state  lines,  and  thus  be- 
come a  part  of  interstate  commerce,  the  power  of  Congress 
to  regulate  the  quality  of  these  foods  is  implied.  The  power 
to  enact  such  laws  as  the  Food  and  Drugs  Act  and  the  Meat 
Inspection  Act  is,  therefore,  said  to  be  implied  in  the  power  to 
regulate  interstate  commerce.  This  is  only  a  single  illustra- 
tion of  how  the  national  government  exercises  powers  that  are 
not  expressly  given  to  it  by  the  constitution.  It  is  under 
this  authority  to  exercise  implied  powers  that  the  activities 
of  the  national  government  have  been  greatly  extended. 

THE  RESTRICTIONS  ON  THE  NA  TIONAL  GOVERN- 
MENT. While  it  is  important  to  understand  this,  it  is  of 
even  greater  importance  to  understand  that  the  national  gov- 
ernment cannot  exercise  powers  which  are  neither  expressly 
nor  impliedly  granted  to  it  by  the  constitution.  It  cannot, 
for  example,  regulate  matters  pertaining  to  our  public  school 
system;  for  the  national  constitution  does  not  grant  to  Con- 
gress any  power  which,  by  the  widest  stretch  of  the  imagina- 
tion, could  be  regarded  as  implying  the  power  to  control  school 
affairs.     In  spite  of  the  fact  that  the  so-called  implied  powers 


170    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

of  the  national  government  are  numerous  and  important,  it  is 
nevertheless  true  that  there  are  many  important  powers  which 
Congress  may  not,  under  the  constitution,  exercise.  These 
are  left  to  the  states.  Our  review  of  the  activities  of  our  state 
and  local  governments  has  indicated  in  a  general  way  what 
powers  are  thus  reserved  from  control  by  Congress  and 
given  over  to  the  several  states. 

That  Congress  may  exercise  only  those  powers  that  are 
expressly  or  impliedly  granted  by  the  national  constitution 
is  the  most  important  restriction  that  is  placed  upon  the  na- 
tional government.  In  addition  to  this,  however,  a  number 
of  other  restrictions  are  placed  by  the  constitution  upon  the 
powers  of  the  central  go\crnment.  It  does  not  seem  neces- 
sary to  enumerate  the  entire  list  of  these  express  restrictions; 
it  is  sufficient  if  we  get  some  general  idea  of  their  character 
and  importance. 

As  the  constitution  came  from  the  hands  of  the  Conven- 
tion of  1787,  it  contained  a  number  of  express  prohibitions 
upon  the  powers  of  Congress.  For  example,  after  an  indi- 
vidual has  committed  an  act,  Congress  is  forbidden  to  pass 
any  law  providing  for  his  punishment.  Such  a  law  is  called 
an  ex  post  facto  law.  Congress  may  of  course  provide  for  the 
punishment  of  similar  acts  in  the  future.  It  is  not  fair  or 
just,  however,  that  a  person  should  be  punished  for  an  act 
which  was  not  an  offense  against  the  law  at  the  time  when  he 
committed  it.  When  a  person  is  arrested  for  an  offense 
against  the  laws  of  the  United  States,  he  cannot  be  kept  in 
prison  indefinitely  awaiting  his  trial.  The  national  govern- 
ment cannot  deny  him  the  privilege  of  being  taken  before 
some  officer  of  the  kiw  and  shown  the  reason  for  his  being 
held.  This  is  called  the  privilege  of  the  writ  of  habeas  corpus. 
The  United  States  government  is  also  forbidden  to  grant  any 
title  of  nobility,  like  the  titles  given  in  some  European  coun- 
tries.    Moreover,  as  we  shall  see  later,  very  important  re- 


SUPREMACY  OF  NATIONAL  CONSTITUTION  171 

st.rictions  are  placed  upon  the  powers  of  Congress  in  the  levy- 
ing of  taxes. 

It  is  in  the  first  ten  amendments,  however,  that  we  find 
most  of  the  prohibitions  upon  the  powers  of  the  national  gov- 
ernment. These  amendments,  as  we  have  learned,  were 
adopted  because  the  states  feared  that  the  government 
created  by  the  new  constitution  might  not  respect  the  liberties 
of  the  people.  Among  other  things  they  protect  our  freedom 
of  speech  and  the  press,  and  our  freedom  of  religion.  They 
provide  that  when  a  person  is  accused  of  crime  against  the 
laws  of  the  nation,  he  shall  be  indicted  by  a  grand  jury,  and 
shall  be  tried  by  a  jury  in  a  fair  and  open  court,  with  the  right 
to  have  his  witnesses  and  a  lawyer  to  defend  him.  They  pro- 
vide, too,  that  our  private  property  shall  not  be  taken  from 
us  by  the  national  government  without  just  compensation; 
and  that  civil  suits — that  is,  suits  over  property,  debts,  and 
the  like — in  which  the  amount  exceeds  twenty  dollars  shall 
also  be  tried  by  a  jury. 

These  are  not  all  the  restrictions  placed  upon  the  powers 
of  the  national  government;  but  they  are  sufficient  to  illus- 
trate how  the  national  constitution  protects  our  lives,  our 
liberties,  and  our  property  from  any  tyranny  on  the  part  of 
the  officers  of  the  national  government.  Similar  restrictions, 
as  we  have  learned,  are  placed  upon  the  powers  of  our  state 
government  by  the  constitution  of  the  state  of  Virginia. 
Thus  we  are  protected  in  our  life,  liberty,  and  property 
against  both  of  the  governments  to  which  we  owe  loyalty 
and  obedience. 

RESTRICTIONS  IMPOSED  ON  THE  STATES.  We 
have  just  seen  that  the  most  important  restriction  on  the 
national  go\-ernment  is  that  it  may  exercise  only  those  powers 
that  are  expressly  or  impliedly  granted  by  the  national  con- 
stitution. So  likewise  the  most  important  restriction  upon 
the  powers  of  the  states  is  that  they  may  not  exercise  any  of 
the  powers  thus  given  to  the  government  of  the  nation.     In 


172  go\i-:r.\mi:.\t  and  politics  l\  xircuxia 

other  words,  powers  are  divided  between  the  two,  and  each  is 
restricted  to  its  own  sphere.  In  addition  to  this  general  re- 
striction on  ihe  states,  the  constitution  contains  a  few  other 
pidhihitions  upon  ilicir  j)owers.  For  example,  when  legal 
agreements,  or  contracts  as  they  are  called,  have  been  made  in 
any  state,  no  law  can  be  passed  by  that  state  to  render  these 
contracts  less  binding  upon  the  parties  who  have  made  them. 
The  states  also  are  forbidden  to  pass  any  ex  post  facto  laws. 
Nor  can  they  make  agreements  with  one  another,  or  with  a 
foreign  government;  nor  maintain  an  army  and  navy;  nor 
grant  a  title  of  nobility;  nor  coin  money;  nor  lew  duties  on 
imports. 

As  we  have  seen,  the  thirteenth  and  fifteenth  amendments 
prohibit  the  states  from  re-establishing  slavery,  and  from  de- 
priving any  person  of  the  right  to  vote  because  of  his  "race, 
color,  or  previous  condition  of  servitude."  The  nineteenth 
amendment  prohibits  the  states  from  denying  to  women  the 
right  to  vote.  The  fourteenth  amendment  declares  that  no 
state  shall  "deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws."  The  meaning 
of  this  sweeping  declaration  has  never  been  fully  determined. 
As  has  been  noted,  it  was  intended  primarily  to  protect  the 
negro  race;  but  it  has  actually  been  used  much  more  fre- 
quently to  protect  corporations  and  others  waihin  the  states 
from  the  operation  of  certain  state  laws.  This  whole  ques- 
tion is  very  complicated;  it  belongs  more  properly  to  the 
study  of  law.  Any  attempt  to  explain  it  in  our  elementary 
study  of  governnuiit  would  only  serve  to  confuse  us. 

rilE  GO  VERNMENT  OF  TERRITORIES  A  ND  OTHER 
POSSESSIONS.  The  entire  territory  of  what  is  known  as 
"Continental  United  States"  is  now  divided  into  forty-eight 
states.  All  of  these,  except  the  original  thirteen  states,  have 
been  admitted  to  the  Union  at  various  times  by  acts  of  Con- 
gress. -  There  are  parts  of  the  United  States,  however,  which 


SUPREMACY  OF  NATIONAL  CONSTITUTION  173 

are  not  organized  as  states.  There  are  the  territories  of 
Alaska  and  Hawaii,  and  there  are  the  PhiUppine  Islands, 
Porto  Rico,  and  a  few  other  islands  of  less  importance;  and 
there  is  the  District  of  Columbia.  These  territories  and 
possessions  occupy  in  our  system  of  government  a  place  en- 
tirely different  from  that  of  the  states.  They  do  not,  like  the 
states,  enjoy  any  powers  independent  of  the  national  govern- 
ment. The  constitution  gives  Congress  the  power  to  de- 
termine how  each  of  them  shall  be  governed.  Congress  has, 
indeed,  organized  the  territories  of  Alaska  and  Hawaii  on  a 
plan  similar  to  that  of  the  state  governments;  but  Congress 
has  the  power  to  change  this  plan  at  any  time — a  power 
which  it  could  not  exercise  over  any  state.  Congress  has  also 
provided  by  law  special  governments  for  Porto  Rico  and  the 
Philippine  Islands. 

CLASS  EXERCISES 

1.  Could  our  national  government  make  laws  for  the  regulation  of  the 
school  sjstem  of  Virginia?  For  the  management  of  trolley  lines  in  Vir- 
ginia? For  the  regulation  of  the  sale  of  liquors  in  Virginia?  Could  it 
provide  fire  departments,  sewer  systems,  electric  lights,  and  street  pave- 
ments for  our  cities?     By  whom  are  these  things  controlled?     Why? 

2.  Could  the  state  of  Virginia  maintain  an  arm}-?  A  navj^?  A  postal 
system?  Could  it  build  forts?  Make  treaties?  Coin  money?  Issue 
paper  money?     By  whom  are  these  things  controlled?     WTiy? 

3.  Explain,  then,  what  we  mean  when  we  say  that  oiu*  national  gov- 
ernment and  our  state  governments  are  independent  of  each  other.  How 
Is  this  independence  secured?  Who  made  the  di\dsion  of  powers  between 
the  states  and  the  national  government?  How  was  the  division  made? 
Are  the  states  and  the  national  government  independent  of  each  other  in 
the  same  way  that  Great  Britain  and  Italy  are  independent?  Explain 
the  difference. 

4.  Could  the  state  of  Virginia  exist  under  its  present  constitution  with- 
out the  national  government?  Why?  Could  the  national  government 
exist  without  the  states?  Why?  Explain,  then,  what  we  mean  when  we 
say  that  the  states  and  the  national  government  are  dependent  on  each 
other. 


174    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

5.  What  is  meant  by  the  express  powers  of  the  national  government? 
The  implied  powers?  The  national  government  once  built  a  post-road 
through  Maryland;  the  national  government  has  no  express  power  to  build 
roads;  how,  then,  could  tiie  government  build  this  post-road?  Under 
what  power  did  our  national  government  acquire  the  Philippine  Islands? 

6.  What  is  meant  by  the  "reserved"  powers?  Who  exercises  these 
powers? 

7.  Can  our  national  government  restrict  our  liberty  in  any  way  that  it 
chooses?  How  is  it  prevented?  Can  it,  for  instance,  restrict  our  freedom 
of  speech?  Can  it  prescribe  what  church  you  shall  attend?  Or  make 
you  contribute  to  the  suj)i)ort  of  some  church?     \^'hy? 

8.  After  you  have  committed  some  act,  can  the  national  government 
pass  a  law  for  your  punishment?  Why?  Suppose  you  are  arrested  for 
some  offense  against  the  laws  of  the  nation,  can  you  be  kept  in  prison 
indefinitely  awaiting  your  trial?  At  your  trial  what  rights  would  you 
have?  How  are  these  rights  secured  to  you?  Why  were  the  first  ten 
amendments  to  the  constitution  passed? 

9.  Does  the  national  constituticm  place  any  restrictions  on  the  powers 
of  the  states?     Mention  some  of  these  restrictions. 


CHAPTER  XXII 
CONGRESS 

REPRESENTATION  IN  CONGRESS.  The  national 
constitution,  which  was  adopted  in  1789,  provides  for  a  legis- 
lature composed  of  two  houses.  One  of  these  is  known  as  the 
House  of  Representatives  and  the  other  as  the  Senate.  In 
order  for  any  measure  to  become  a  law,  it  must  be  passed  by 
both  of  these  houses  of  Congress.  Thus  the  makers  of  our 
constitution  sought  to  prevent  laws  from  being  made  without 
due  care  and  deliberation. 

In  the  Congress  that  existed  during  the  period  of  Confedera- 
tion (1781-9),  each  state  was  entitled  to  cast  only  one  vote, 
without  regard  to  its  population  or  the  number  of  representa- 
ti\-es  that  it  had  in  Congress,  The  small  state  of  Delaware 
had,  therefore,  as  much  power  in  making  the  laws  of  the  nation 
as  Virginia,  which  was  then  the  largest  state  of  the  Union. 
At  the  time  of  the  framing  of  our  present  constitution,  the 
smaller  states  wished  to  continue  this  equal  representation  of 
the  states  in  Congress.  The  large  states,  however,  wanted 
to  be  represented  in  proportion  to  their  population,  for  this 
would  increase  their  power  in  the  national  legislature.  When 
it  was  decided  that  Congress  should  consist  of  two  houses, 
the  difficulty  was  readily  overcome.  The  large  states  were 
given  what  they  desired  in  one  house  and  the  small  states  in 
the  other.  It  was  provided  that  in  the  House  of  Repre- 
sentatives each  state  should  be  represented  according  to  its 
population.  In  the  Senate  each  state  was  given  the  same 
number  of  senators. 

THE  HO  USE  OF  REP  RESENT  A  TIVES.  For  the  pur- 
pose of  electing  congressmen — as  members  of  the  House  of 
Representatives  are  usually  called — each  state  is  divided  into 

175 


CONGRESS  177 

congressional  districts,  and  one  congressman  is  elected  by  the 
voters  of  each  district.  At  present  Virginia  has  a  population 
which  entitles  the  state  to  ten  congressmen.  There  are, 
therefore,  ten  congressional  districts  in  Virginia.  It  must  not 
be  supposed,  however,  simply  because  congressmen  are  elected 
by  districts,  that  they  represent  only  the  interests  of  their 
districts.  Unfortunately  this  is  too  often  the  case.  Every 
representative  should  act  solely  for  the  interests  of  the  entire 
nation. 

Provision  is  made  In  the  constitution  for  ascertaining  the 
number  of  people  in  each  state  by  taking  a  census  every  ten 
vears.  After  each  new  census  Congress  has  to  determine 
how  many  representati\es  each  state  is  to  have  in  accordance 
with  the  new  record  of  its  population.  This  is  called  "re- 
apportioning" the  representation  of  the  states.  At  this  time 
some  states  are  given  additional  representatives  because  of 
their  large  increase  of  population  since  the  preceding  census. 
Moreover,  a  state  may,  in  the  reapportionment,  be  deprived 
of  one  or  more  of  its  representatives,  although  in  practice 
this  is  usually  avoided. 

At  present  each  congressman  is  elected  by  a  population  of 
about  200,000  people.  If,  however,  a  small  state  has  less 
than  this  population,  it  must  be  given  at  least  one  representa- 
tive. The  constitution  does  not  place  any  limit  upon  the 
size  of  the  House  of  Representatives.  At  present  it  numbers 
435  members. 

Members  of  the  House  of  Representatives  are  chosen  every 
two  years  in  November  of  the  even-numbered  years  (1922, 
1924,  etc.).  Each  representative,  therefore,  serves  for  a 
term  of  two  years.  If  he  returns  to  Congress  for  another 
term,  he  must  be  re-elected  by  the  voters  of  his  district.  It 
is  a  fact  that  representatives  are  sometimes  re-elected  for 
many  terms. 

THE  SENATE.  In  the  United  States  Senate  each  state, 
without  regard  to  its  population,  is  entitled  to  two  senators. 


178  GCA'ERNMENT  AND  POLITICS  IX  \IRGINIA 

The  result  is  that  the  least  populous  state  of  the  Union, 
Nevada,  with  less  than  eighty  thousand  inhabitants,  has  the 
same  representation  in  the  Senate  as  New  York,  with  a  popu- 
lation of  more  than  ten  millions. 

We  have  already  noted  that  senators  were  formerly  chosen 
by  state  legislatures,  but  that,  since  the  adoption  in  1913  of 
the  seventeenth  amendment  to  the  constitution,  they  are 
elected  by  a  direct  vote  of  the  people  of  the  several  states. 
A  senator  holds  his  seat  for  a  term  of  six  years.  Unlike  the 
House  of  Representatives,  the  entire  Senate  is  not  renewed 
at  the  end  of  the  senatorial  term.  Instead  of  the  whole 
number  of  senators  being  chosen  every  six  years,  one-third  of 
them  are  chosen  every  two  years.  By  this  means  it  is  im- 
possible for  more  than  a  third  of  the  Senate  to  consist  of  new 
members;  for  the  other  two-thirds  always  hold  their  posi- 
tions over  from  one  Congress  to  another.  Moreover,  many 
of  the  senators  are  re-elected  at  the  end  of  their  terms  of 
office.  The  Senate,  in  consequence,  consists  of  a  body  of 
men  most  of  whom  ha\'c  held  their  seats  for  a  long  period 
of  time.  This  gives  a  permanence  of  character  to  the  Senate 
which  the  House  of  Representatives  lacks  because  of  the 
many  changes  that  are  made  every  two  years. 

The  term  of  one  of  the  senators  from  Virginia  expires  in 
1923,  1929,  and  every  sixth  year  thereafter.  We  elect  a 
senator,  therefore,  at  the  regular  November  elections  in  1922, 
1928,  and  so  on.  The  term  of  our  other  senator  expires  in 
1925,  1931 ,  and  every  sixth  year  thereafter.  We  elect  a  sena- 
tor for  this  seat,  therefore,  in  November  of  1924,  1930,  and  so 
on.  As  we  have  already  noted,  except  for  the  fifteenth  and 
nineteenth  amendments,  each  state  determines  for  itself  who 
may  vote  in  the  elections  of  congressmen  and  senators. 

NOMINATION  OF  CANDIDATES  FOR  CONGRESS 
BY  POLITICAL  PARTIES.  Of  course  the  several  politi- 
cal parties  put  forward  candidates  for  congressmen  and 
senators  whenever  these  officers  are  about  to  be  elected. 


CONGRESS  179- 

Each  party  seeks  to  secure  the  election  of  as  many  of  Its- 
candidates  as  possible.  If  a  majority  of  the  members  of  the 
House  and  the  Senate  belong  to  a  particular  party,  that  party 
is  then  in  a  position  to  enact  such  laws  and  carry  out  such 
policies  as  it  may  have  promised  to  the  voters.  As  we  shall 
see  a  little  later,  the  promises  of  each  party  are  set  forth  in 
what  is  known  as  the  national  party  platform.  These  plat- 
forms are  adopted  by  the  national  conventions  of  the  several 
parties,  which  meet  every  fourth  year,  in  the  summer  pre- 
ceding the  election  of  a  President. 

While  the  platform  of  each  party  is  made  by  a  convention 
of  delegates  from  all  parts  of  the  country,  the  candidates  for 
Congress  are  nominated  in  each  state  in  the  manner  that  is 
prescribed  by  the  laws  of  the  particular  state.  For  example, 
under  the  laws  of  Virginia,  each  party  decides  for  itself 
whether  its  candidates  shall  be  chosen  by  party  conventions 
or  shall  be  elected  by  the  voters  of  the  party  at  the  regular 
primary  elections,  which  are  held  every  year  on  the  first 
Tuesday  in  August. 

THE  SESSIONS  OF  CONGRESS.  We  have  seen  that 
all  of  the  congressmen  and  one-third  of  the  senators  are  elected 
in  November  of  the  even-numbered  years  (1920,  1922,  1924, 
etc.).  The  persons  so  elected,  together  with  the  two-thirds 
of  the  senators  who  hold  over,  form  a  new  Congress.  In 
theory  the  life  of  this  new  Congress  begins  on  the  fourth  of 
March  following  these  biennial  November  elections  (March  4, 
1921,  1923,  1925,  etc.).  However,  unless  the  President  calls 
the  Congress  in  an  extra  and  earlier  session,  it  does  not  actually 
come  together  until  the  first  Monday  in  December  following 
— that  is,  about  thirteen  months  after  the  election  has  been 
held.  Congress  then  usually  continues  in  session  until  some 
time  during  the  following  summer.  This  first  session  of 
every  newly  elected  Congress  is  known  as  its  "long  session." 
In  November  following  this  long  session  the  time  arrives  for 
the  election  of  another  Congress.     In  December  following  this 


180  GOVERXMEXT  AND  POLITICS  IX  XIRGIXIA 

election  the  old  (not  the  newly  elected)  Congress  comes  to- 
gether for  its  second  session.  This  is  called  its  "short  session," 
because  it  must  come  to  an  end  on  the  fourth  day  of  the  fol- 
lowing March,  when  the  two-year  life  of  the  Congress  expires. 
To  illustrate,  the  members  of  the  Sixty-Sixth  Congress 
(except  two-thirds  of  the  senators,  whose  terms  had  not  ex- 
pired) were  elected  in  November,  1918.  The  life  of  this 
■Congress  began  March  4,  1919.  The  President  called  it  to 
meet  in  special  session  in  May,  1919.      It  sat  until  Xovember, 

1919.  It  came  together  for  its  regular  long  session  in  De- 
cember.   1919,    and    sat    until    June,    1920.     In    November, 

1920,  the  members  of  the  Sixty-Seventh  Congress  were  elected. 
But  in  December,  1920,  the  Sixty-Sixth  Congress  came  to- 
gether for  its  short  session,  which  ended  March  4,  1921. 

There  are  of  course  many  disadvantages  about  this  arrange- 
ment. It  is  almost  absurd  to  think  that  a  congressman  who 
has  perhaps  been  defeated  for  re-election  in  November  should 
return  to  Washington  and  assist  in  making  the  laws  of  the 
nation  for  a  period  of  several  months  after  his  defeat. 

THE  QUALIFICATIONS  OF  CONGRESSMEN  AND 
SENATORS.  The  constitution  requires  that  senators  and 
representatives  shall  be  citizens  of  the  United  States  and 
residents  of  the  state  from  which  they  are  chosen.  Senators 
must  be  at  least  thirty  years  old  and  congressmen  at  least 
twc-nty-five  years  old.  Usualh",  too,  a  congressman  must. re- 
side in  the  district  in  which  he  is  elected. 

In  general  only  men  of  intelligence  and  high  character  are 
•chosen  to  be  members  of  the  national  Congress.  Nearly 
always  a  majority  of  them  are  lawyers  of  ability.  The  longer 
a  congressman  or  senator  holds  his  seat  in  Congress  the  more 
influential  he  usually  becomes.  Ordinarily  a  representative 
who  holds  office  for  only  a  single  term  does  not  wield  a  large 
influence  in  the  l.iw-niaking  body  of  the  nation. 

THE  ORGANIZATION  OF  CONGRESS.  Each  house 
of  Congress  has  the  power  to  determine  how  it  shall  be  or- 


CONGRESS  ,  181 

ganized  for  business,  and  whether  those  who  claim  to  be  mem- 
bers have  been  properly  chosen.  Each  house  elects  its  own 
officers,  with  the  single  exception  that  the  Vice-President  of 
the  United  States  is  the  presiding  officer  of  the  Senate. 

The  House  of  Representatives  chooses  for  its  presiding 
officer  one  of  its  own  members.  This  officer  is  called  the 
Speaker.  He  is  not  mentioned  in  the  national  constitution; 
but  owing  to  the  powers  which  have  been  given  him  by  the 
House,  the  Speaker  is  a  very  important  figure  in  the  national 
government.  He  is  usually  the  strongest  man  in  the  political 
party  which  has  elected  a  majority  of  the  members  of  the 
House.  He  has  many  important  powers  over  the  conduct  of 
the  business  of  the  House.  In  recent  years,  however,  some 
of  the  Speaker's  powers  have  been  taken  away  from  him;  for 
it  was  felt  that  the  control  which  he  had  over  the  making  of 
the  laws  and  over  the  rights  of  individual  members  of  the 
House  was  far  greater  than  any  single  man  ought  to  enjoy. 
Even  though  they  have  been  somewhat  diminished,  the 
Speaker  still  has  very  large  powers.  Especially  is  this  seen 
when  his  powers  are  contrasted  with  those  of  the  Vice-Presi- 
dent, who  presides  over  the  Senate. 

THE  COMMITTEES  OF  CONGRESS.  Everyone  who 
visits  the  House  of  Representatives  during  a  session  of  Con- 
gress is  impressed  by  the  general  disorder  that  usually  pre- 
vails. It  seems  almost  as  if  no  business  at  all  is  being  trans- 
acted. Many  of  the  members  are  absent  from  their  seats, 
and  those  who  are  present  are  often  reading  newspapers,  or 
walking  about,  or  conversing  with  one  another.  Usually 
some  member  is  speaking,  but  it  often  happens  that  scarcely 
anybody  is  listening  to  him.  It  is  only  upon  exceptional 
occasions  that  all  the  members  are  in  their  seats  giving  close 
attention  to  the  speeches  that  are  being  made.  Moreover, 
the  House  is  frequently  in  session  only  an  hour  or  so  during 
the  entire  day.  How  is  it  that  so  many  important  measures 
can  be  passed  by  this  House  under  such  circumstances?  *  It  is 


182    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

because  the  real  business  of  the  House  is  being  carried  on  in 
the  committee  rooms. 

When  a  new  Congress  comes  together,  and  the  Speaker  and 
other  officers  have  been  chosen,  the  first  business  of  each  house 
is  to  elect  a  large  number  of  standing  committees.  Each  of 
these  committees  has  for  its  consideration  measures  that  re- 
late to  one  particular  branch  of  the  national  go\ernment's 
work.  Every  congressman  and  every  senator  is  eager  to  be 
chosen  as  a  member  of  one  or  more  important  committees; 
for  it  is  in  the  committee  room  that  a  congressman  or  a  senator 
does  his  real  work  and  becomes  a  power  in  making  the  laws 
of  the  nation.  In  each  house  the  chairman  and  a  majority 
of  each  committee  belong  to  the  political  party  which  at  the 
time  has  a  majority  of  members  in  the  house. 

THE  MA  KING  OF  A  LAW.  At  every  session  of  Congress 
an  enormous  number  of  measures  are  introduced  in  each 
house.  Not  one  in  ten  of  these  measures  is  enacted  into  law. 
Every  member  is  permitted  to  introduce  any  measure  that 
he  chooses;  but  if  every  member  could  compel  the  house  to 
consider  his  proposal  immediately,  almost  nothing  would  be 
accomplished.  Hence  the  committee  system  has  been  adopted. 
When  a  measure  is  introduced  by  any  member,  it  is  referred 
at  once  to  an  appropriate  committee.  The  committee  con- 
siders the  proposition  carefully  and  perhaps  revises  it.  It 
may  conduct  a  hearing,  so  that  those  who  are  in  favor  of,  or 
opposed  to,  the  measure  may  have  the  chance  to  gi\e  their 
opinion  and  advice.  Later  the  committee  may  report  the 
measure  to  the  house  and  advise  that  it  be  enacted  or  rejected. 
Many  proposals  the  committees  simply  ignore.  They  do  not 
report  them  at  all,  but  allow  them  to  "die"  in  the  committee 
room.  Important  bills,  after  they  have  been  reported  by  a 
committee,  are  discussed  in  the  house,  and  frequently  they 
are  amended  before  they  are  passed.  Sometimes,  however, 
the  house  relies  largely  upon  the  report  of  the  committee  and 
passes  or  rejects  the  bill  according  to  its  recommendation. 


CONGRESS  183 

This  method  of  handHng  the  business  of  Congress  by  means 
of  committees  makes  it  possible  for  a  large  number  of  bills  to 
be  considered.  More  than  two  thousand  laws  have  sometimes 
been  passed  by  a  single  Congress,  and  many  times  that  num- 
ber of  measures  are  proposed  and  referred  to  the  various  com- 
mittees. When  any  bill  has  passed  through  one  house  of 
Congress,  it  must  go  through  a  similar  process  in  the  other 
house,  and  later,  as  we  shall  see,  it  must  be  submitted  to  the 
President  for  his  approval  or  veto. 

•     CLASS  EXERCISES 

1.  Find  out  the  number  of  the  congressional  district  of  Virginia  In 
which  you  live.  How  many  people  live  in  this  district?  Find  out  the 
name  of  the  present  congressman  from  your  district.  When  was  he 
elected?  How  many  terms  has  he  served?  When  will  the  next  congres- 
sional election  be  held?  Will  your  congressman  be  elected  at  the  same 
time  that  congressmen  will  be  chosen  in  other  districts  of  Virginia  and  in 
the  other  states  of  the  Union? 

2.  How  many  congressmen  has  Virginia?  Explain  why  Virginia  has 
this  number,  while  New  York,  for  instance,  has  many  more,  and  Delaware 
many  less.  Who  determines  the  number  of  congressmen  that  each  state 
shall  have?  How  often  is  this  matter  determined?  When  will  the  next 
reapportionment  take  place? 

3.  How  many  senators  has  Virginia?  How  many  have  the  other 
states?  Find  out  the  names  of  the  present  senators  from  Virginia.  How 
long  has  each  of  them  served?  How  were  they  chosen?  When?  How 
long  has  each  of  them  yet  to  serve?  When  will  the  people  of  Virginia, 
choose  another  senator?     Will  one  or  two  be  chosen  at  this  time?     Why? 

4.  How  many  members  has  the  Senate?  Why?  How  long  is  their 
term  of  office?  Are  all  of  them  chosen  at  the  same  time?  Explain,  then, 
how  the  Senate  is  only  partly  renewed  from  one  Congress  to  another.^ 
What  advantage  has  this?  How  were  senators  formerly  chosen?  Why 
was  this  system  abolished?     How  was  it  abolished? 

5.  What  advantage  is  there  in  having  two  houses  of  Congress?  Ex- 
plain how  the  people  are  represented  on  a  different  basis  in  each  house. 
Why  was  this  plan  adopted? 

6.  Explain  how  candidates  for  the  two  houses  of  Congress  are  nomi- 
nated by  political  parties  in  Virginia. 

7.  How  long  does  each  Congress  exist?  How  many  regular  sessions 
does  each  Congress  hold?    When  do  the  sessions  begin  and  how  long  do 


184    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

they  last?  What  i.s  meant  by  the  "long"  and  the  "short"  session  of  Con- 
gress? Explain  how  the  nieinbers  of  one  Congress  are  elected  before  the 
short  session  of  the  preceding  Congress  is  held.  What  disadvantage  has 
this? 

8.  Is  Congress  in  session  at  present?  If  not,  when  will  it  assemble? 
Will  this  be  for  the  long  or  the  short  session?     How  do  you  know? 

9.  What  qualifications  are  required  of  congressmen  and  senators? 

10.  Who  presides  over  the  Senate?  Over  the  House  of  Representa- 
tives? ^^'hat  power  has  the  Speaker?  How  is  he  chosen?  Who  is  the 
present  Speaker  of  the  House?  Who  is  the  present  Vice-President  of  the 
United  States? 

11.  Why  was  the  committee  system  adopted  in  Congress?  How  are 
the  committees  chosen  in  each  house?  Explain  how  every  measure  must 
pass  through  either  house  of  Congress.  Explain  in  full,  then,  how  every 
law  is  made.     What  advantages  has  this  system? 

12.  Where  does  Congress  meet?  Have  you  ever  seen  the  Capitol? 
Describe  it.  Have  you  ever  attended  a  session  of  either  house  of  Con- 
gress? Tell  the  class  what  you  saw.  Describe  the  Hall  of  the  House  of 
Representatives. 


CHAPTER  XXIII 
THE  EXECUTION  OF  NATIONAL  LAWS 

THE  EXECUTIVE  DEPARTMENT  OF  THE  NA- 
TIONAL GO  VERNMENT.  The  constitution  does  not  con- 
fer upon  state  officers  the  power  to  put  the  laws  of  the  nation 
into  operation.  It  provides  that  the  national  laws  shall  be 
executed  exclusively  by  national  officers,  with  the  President 
of  the  United  States  at  their  head.  Congress  has  provided 
by  law  what  officers,  in  addition  to  the  President,  are  neces- 
sary for  carrying  out  the  laws.  These  officers  constitute  the 
executive  department  of  the  national  government. 

THE  ELECTION  OF  THE  PRESIDENT.  When  the 
voters  of  the  several  states  go  to  the  polls  to  elect  a  President 
and  a  Vice-President,  they  do  not  vote  directly  for  the  candi- 
dates for  these  offices.  They  cast  their  votes  for  a  number  of 
officers  known  as  presidential  electors.  The  constitution 
provides  that  each  state  may  choose  as  many  presidential 
electors  as  it  has  representatives  and  senators  in  Congress, 
The  whole  number  of  electors  in  any  state  is  known  as  its 
electoral  college.  Under  this  system  the  voters  of  Virginia 
elect  at  each  presidential  election  twelve  presidential  electors ; 
for,  as  we  have  seen,  Virginia  has  in  Congress  ten  representa- 
tives and  two  senators. 

In  each  state  the  proper  number  of  electors  are  chosen  at 
the  polls  in  November  of  every  fourth  year  (1916,  1920,  etc.). 
In  each  state  these  electors  come  together  the  following 
January  to  vote  for  a  President  and  a  Vice-President  of  the 
United  States.  They  send  the  result  of  their  vote  to  Wash- 
ington, where  the  votes  of  the  electors  in  all  the  states  are 
counted.  The  original  idea  was  that  the  presidential  electors 
chosen  in  the  several  states  would  be  men  of  greater  ability 

185 


186    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

than  the  average  voter,  and  that  they  would  be  better  able, 
therefore,  to  choose  a  suitable  President  and  Vice-President. 
As  a  result  of  the  control  which  political  parties  have  over 
these  elections,  the  electoral  colleges  were  at  a  very  early  date 
deprived  of  this  important  power. 

As  we  shall  see  in  a  moment,  each  of  the  political  parties 
nominates  one  candidate  for  President  and  another  for  Vice- 
President.  Either  by  a  party  con\ention  or  at  a  direct  pri- 
mary election  the  proper  number  of  presidential  electors  are 
nominated  by  each  party  in  each  state.  Wlun  the  voters  go 
to  the  polls,  they  are  given  ballots  which  contain  the  list  of 
the  electors  that  are  nominated  in  this  fashion  by  each  of 
the  parties,  and  the  voters  cast  their  ballots  for  the  electoral 
candidates  of  one  or  another  party.  The  electors  that  are 
chosen  have  in  fact  no  independence  at  all.  They  must, 
upon  being  elected,  vote  for  the  candidates  for  President  and 
Vice-President  that  their  party  has  previously  nominated. 
No  elector  would  dare  vote  for  any  other.  While  the 
voters  still  continue  to  vote  at  the  polls  not  directly  for 
President  and  Vice-President  but  for  presidential  electors, 
this  has  become  a  mere  form.  They  actually  vote  for  the 
candidates  of  their  party;  for  when  the  electors  of  a  par- 
ticular party  are  victorious  at  the  polls  in  any  state,  these 
electors  cannot,  when  they  meet  in  the  electoral  college  of 
their  state,  cast  their  votes  for  any  other  than  the  candi- 
dates of  their  party.  So  little  part  do  the  electors  actually 
have  in  choosing  the  President  and  the  Vice-President  that 
the  average  voter  scarcely  knows  or  cares  who  they  are.    ^ 

When  the  votes  of  the  electors  are  counted  at  Washington, 
each  state  is  counted  as  having  one  vote  for  each  elector  to 
which  it  is  entitled.  The  entire  electoral  vote  of  any  one  state 
is,  howe\cr,  usually  cast  for  the  candidate  of  one  political 
party,  even  though  the  parties  in  the  state  are  divided  nearly 
evenly.  For  example,  if  the  Democratic  party  in  Virginia 
has  only  a  small  majority  of  voters  over  the  Republican  party, 


(^Copyright,  Underwood  A  Vnderwood) 

THE  PRESIDENT  READING  HIS  INAUGURAL  ADDRESS  ON  THE  STEPS  OF 

THE  CAPITOL 


188    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

the  Democratic  electors  will  be  chosen  at  the  polls  instead  of 
the  Republican  electors.  These  electors  will  cast  all  of  Vir- 
ginia's twelve  electoral  votes  for  the  Democratic  candidates 
for  President  and  Vice-President. 

The  whole  number  of  electoral  votes  is  531,  for  there  are 
in  Congress  96  senators  and  435  representatives.  It  requires 
a  majority  of  the  electoral  votes  to  elect  a  President  or  a 
Vice-President.  Otherwise,  the  House  of  Representatives 
chooses  the  President,  and  the  Senate  chooses  the  Vice- 
President. 

NOMINATION  OF  CANDIDATES  FOR  PRESIDENT 
BY  POLITICAL  PARTIES.  Party  candidates  for  Presi- 
dent and  for  Vice-President  are  nominated  by  each  of  the 
political  parties  at  its  national  con\cntion.  These  conven- 
tions consist  of  delegates  chosen  in  the  several  states  either 
by  party  conventions  or  at  direct  primary  elections.  They 
meet  usually  in  June  preceding  the  November  elections  at 
which  presidential  electors  are  chosen.  Each  convention, 
consisting  of  about  1,000  members,  assembles  in  some 
enormous  hall  in  one  of  our  large  cities. 

All  of  the  arrangements  for  the  meeting  of  these  conven- 
tions are  made  by  what  is  known  as  the  national  committee 
of  each  party.  This  committee,  consisting  of  one  member 
from  each  state,  has  general  control  over  the  affairs  of  the 
party. 

THE  PLATFORM  AND  THE  CAMPAIGN.  In  addi- 
tion to  choosing  the  party  candidates  for  President  and  Vice- 
President,  the  national  convention  draws  up  what  is  known  as 
the  platform  of  the  party.  This  platform  is  a  statement  of 
the  views  of  the  party  on  important  questions  in  which  the 
people  are  interested.  It  declares  what  the  candidates  of  the 
party  will  and  will  not  do  if  they  are  elected.  Unfortunately 
these  platforms  sometimes  contain  promises  that  are  intended 
only  to  attract  voters  for  the  party  candidates.  When  the 
election  is  over,  those  w^ho  have  been  chosen  to  office  do  not 


THE  EXECUTION  OF  NATIONAL  LAWS       189 

alv/ays  seek  to  carry  out  the  promises  which  their  party  made 
in  its  platform. 

The  party  platform  is  published  in  the  newspapers  through- 
out the  land.  It  is  freely  discussed  in  the  speeches  that  are 
made  during  the  campaign,  as  the  period  preceding  the  elec- 
tion is  called.  Each  party  explains  and  upholds  its  own  plat-j 
form,  while  it  opposes  and  denounces  the  platform  of  the : 
other  party.  The  entire  campaign,  which  lasts  up  to  the  time 
of  the  November  elections,  is  managed  by  the  national  party 
committee. 

THE  PRESIDENTS  POWERS.  The  President  of  the 
United  States  is  elected  for  a  term  of  four  years,  which  term 
begins  on  the  fourth  of  March  following  the  election  of  the 
electors  in  November.  Many  of  our  Presidents  have  been  re- 
elected for  a  second  term,  but  it  is  now  a  fairly  established 
custom  that  no  President  will  be  re-elected  for  a  third  term. 
The  constitution  and  the  laws  of  Congress  grant  many  im- 
portant powers  to  the  President  and  impose  upon  him  many 
important  duties. 

In  the  first  place,  the  President  plays  an  important  role  ir> 
the  making  of  the  laws  of  the  nation.  At  the  opening  of  each 
session  of  Congress,  he  sends  to  the  national  legislature  a 
message  in  which  he  discusses  the  condition  of  the  country 
and  recommends  the  passing  of  certain  laws.  In  1913  Presi- 
dent Wilson  adopted  the  plan  of  reading  his  message  to  Con- 
gress in  person.  This  was  a  plan  which  no  President  had 
followed  since  the  administration  of  Thomas  Jefferson. 
Sometimes  during  the  session  the  President  sends  (or  reads) 
further  messages  to  Congress,  and  at  all  times  he  keeps  closely 
in  touch  with  the  leaders  of  the  House  and  the  Senate,  con- 
sulting and  advising  with  them  as  to  the  framing  of  bills. 

When  a  bill  has  finally  passed  both  houses  of  Congress,  it 
must  be  sent  to  the  President  for  his  signature.  The  constitu- 
tion gives  him  ten  days  in  which  to  consider  the  bill.  If  at 
the. end  of  that  time  he  has  taken  no  action,  the  measure 


190    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

becomes  a  law  without  his  signature.  Before  the  expiration 
of  these  ten  days,  however,  the  President  may  veto  the  bill 
and  return  it  to  Congress  with  his  reasons  for  refusing  to 
approve  it.  If  Congress  passes  the  bill  again  by  a  majority 
vote  of  two-thirds  in  each  house,  the  measure  becomes  a 
law  in  spite  of  the  President's  disapproval.  It  is  usually 
very  difficult,  however,  to  secure  the  two-thirds  vote  neces- 
sary to  "override"  the  President's  veto.     If,  after  a  bill  has 


A  NEW  YEAR'S  RECEPTION  AT  THE  WHITE  HOUSE 

Showing  thousands  of  persons  in  line  entering  the  White  House  on  the  occasion 

of  the  President's  public  reception  held  on  New  Year's  Day.     The  large 

building  in  the  foreground  is  occupied  by  the  State,  War  and 

Navy  Departments 


been  presented  to  the  President,  Congress  adjourns  before  the 
expiration  of  ten  days,  the  bill  docs  not  become  a  law  without 
the  President's  signature.  This  is  known  as  the  "pocket 
veto." 

When  Congress  is  not  in  regular  session  at  Washington, 
the  President  is  sometimes  convinced  that  measures  of  im- 


THE  EXECUTION  OF  NATIONAL  LAWS       191 

portance  should  be  immediately  enacted  into  laws.  At  such 
times  he  has  authority  to  call  a  special  session  of  the  national 
legislature. 

The  power  of  the  President  to  send,  or  read,  messages  to 
Congress,  to  veto  bills,  and  to  call  extra  sessions  of  Congress 
may  not  seem  to  give  him  much  control  over  the  enactment  of 
laws.  In  fact,  however,  his  influence  in  the  making  of  the 
laws  is  very  great.  He  is  chosen  to  be  head  of  the  branch  of 
the  government  which  merely  executes  the  laws  that  Congress 
makes.  But  the  fact  is  that  he  is  usually  elected  because  he 
and  his  party  promise  that  certain  laws  will  be  enacted ;  and 
after  his  election  the  people  of  the  country  expect  him  to  see 
that  these  promises  are  fulfilled. 

In  the  second  place,  the  President  is  in  large  part  responsible 
for  the  proper  enforcement  of  national  laws,  because  he  has 
the  power  to  appoint  so  many  of  the  officers  who  are  charged 
with  this  duty.  He  and  the  Vice-President  are  the  only 
national  officers  who  are  elected.  All  of  the  other  officers 
who  execute  national  laws  are  appointed.  The  most  import- 
ant of  these,  such  for  instance  as  the  heads  of  departments, 
ambassadors  and  ministers,  the  chiefs  of  bureaus  in  charge  of 
important  services,  and  many  officers  who  serve  in  various 
localities,  such  as  postmasters,  district  attorneys,  and  customs 
and  internal  revenue  collectors,  are  nominated  by  the  Presi- 
dent and  approved  by  a  vote  of  the  Senate.  In  addition  to 
these,  a  vast  number  of  less  important  officers  and  employes 
are  appointed  after  competitive  examinations  are  held  under 
the  direction  of  a  board  known  as  the  Civil  Service  Com- 
mission. 

In  nominating  many  of  these  important  officers  the  Presi- 
dent cannot  always  act  with  independence.  He  is  influenced 
and  controlled  largely  by  the  wishes  of  senators  and  congress- 
men. Especially  is  this  true  in  the  appointment  of  such 
officers  as  district  attorneys,  postmasters,  and  customs  and 
internal  revenue  officers,  who  serve  at  posts  throughout  the 


192    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

entire  United  States.  Senators  and-  congressmen  usually 
have  great  influence  with  the  President  in  such  appointments. 
The  President  must  see  that  the  laws  of  the  nation  are  faith- 
fully executed.  It  is  his  duty,  therefore,  to  see  that  the  other 
executive  officers  are  properly  performing  their  work.  This 
would  be  impossible  unless  the  President  had  the  power  ta 
remove  from  office  those  who  were  inefficient,  or  who  refused 


(Copyright,  U ruler wuod  &  Unlcrwood) 

THE  PRESIDENT'S  OFFICE  BUILDING 
The  White  House,  connected  with  the  executive  offices  by  an  esplanade,  is  seea 

in  the  bucl^ground 

to  carry  out  the  law  or  his  orders.  With  the  exception  of  a 
period  of  about  twenty  years  in  our  history,  the  President  has 
always  exercised  the  important  power  of  removing  officers. 
Officers  are  removed  by  the  President  not  only  to  secure 
better  service  in  the  government  but  sometimes  also  in  the 


I 
THE  EXECUTION  OF  NATIONAL  LAWS       193 

interest  of  party  politics.  Whenever  a  new  President  is 
elected  by  a  party  which  has  been  out  of  power,  it  is  usual  for 
a  number  of  the  more  important  officers  either  to  resign  or  to 
be  removed  from  office  by  the  President.  Their  places  are 
then  filled  by  members  of  the  political  party  which  has  come 
into  control  of  the  government. 

In  the  third  place,  the  President  is  the  head  of  the  govern- 
ment for  the  management  of  foreign  affairs.  He  has  the 
power,  with  the  consent  of  the  Senate,  to  appoint  those 
diplomatic  officers  who  are  sent  to  represent  us  in  foreign 
countries.  It  is  he,  also,  who  receives  the  diplomatic  repre- 
sentatives who  are  sent  by  other  nations  to  the  United  States. 
As  we  have  already  seen  also,  he  has  the  power  to  draw  up 
treaties  with  foreign  nations,  although  these  must  afterwards 
be  approved  by  a  two-thirds  vote  of  the  Senate.  The  Presi- 
dent is  thus  the  most  important  officer  of  the  nation  in  the 
-conduct  of  our  relations  with  foreign  nations. 

In  the  fourth  place,  the  President  is  commander-in-chief  of 
the  army  and  navy.  This  gives  him  large  control  over  the 
appointment  of  army  and  navy  officers  and  over  the  move- 
ments of  our  land  forces  and  vessels  of  war.  Congress  has 
given  him  the  power  to  call  out  the  state  militia  in  time  of 
public  danger,  and  the  constitution  places  him  also  at  the 
head  of  these  forces  when  they  are  called  into  the  service  of 
the  nation. 

In  the  fifth  place,  the  President  has  power  to  pardon  those 
who  have  committed  offenses  against  the  laws  of  the  United 
States.  This  power  is  given  to  the  President  for  the  same 
reason  that  the  Governor  of  our  state  is  given  the  power  to 
pardon  those  who  have  committed  offenses  against  the  laws 
of  Virginia. 

THE  COMMANDING  POSITION  OF  THE  PRESI- 
DENT. This  brief  enumeration  of  the  President's  powers 
gives  a  very  faint  conception  of  the  great  importance  of  his 
office.     Many  of  his  powers  are  similar  to  the  powers  that 


194    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

are  exercised  in  Virginia  by  the  Governor.  The  President, 
howe\'er,  exercises  his  powers  over  the  whole  United  States, 
and  the  laws  which  he  assists  in  making,  and  which  he  and 
his  appointees  execute,  are  the  laws  of  the  entire  nation. 
Moreover,  in  addition  to  the  ordinary  powers  that  every 
Governor  exercises  within  his  state,  the  President  has  a  large 
control  over  the  foreign  affairs  of  the  nation  and  over  the 
army  and  navy.  He  also  has  a  much  larger  power  over  the 
appointment  and  removal  of  the  executive  officers  of  the 
nation  than  the  Governor  has  over  the  appointment  and  re- 
mo\al  of  state  officers.  He  occupies,  therefore,  a  more  im- 
portant position  in  the  government  of  the  nation  than  the 
Governor  in  the  government  of  the  state.  As  a  matter  of 
fact,  he  is  the  most  commanding  and  powerful  officer  in  the 
United  States.  He  is  directly  responsible  to  the  people  who 
placed  him  in  office  for  the  faithful  performance  of  his  duties. 

The  constitution  requires  that  the  President  shall  be  a 
natural  born  citizen  of  the  United  States — thus  excluding 
naturalized  citizens.  He  must  be  at  least  thirty-five  years 
old  and  must  have  resided  in  the  United  States  for  fourteen 
years  preceding  his  election. 

THE  VICE-PRESIDENT.  In  case  the  office  of  Presi- 
dent becomes  vacant  for  any  cause,  he  is  succeeded  by  the 
Vice-President,  an  officer  w^ho  is  elected  at  the  same  time  and 
for  the. same  term  as  the  President.  In  case  both  the  Presi- 
dent and  the  Vice-President  are  unable  to  fill  the  office.  Con- 
gress has  provided  by  law  that  the  heads  of  the  several  execu- 
tive departments  shall  fill  the  vacancy  in  the  following  order: 
The  Secretary  of  State,  the  Secretary  of  the  Treasury,  the 
Secretary  of  War,  the  Attorney  General,  the  Postmaster 
General,  the  Secretary  of  the  Navy,  and  the  Secretary  of  the 
Interior.  Five  Presidents  of  the  United  States  have  died  in 
office  and  have  been  succeeded  by  Vice-Presidents. 

THE  CABINET.  Of  course  the  President  does  not  per- 
sonally execute  many  of  the  laws  of  the  nation.      For  this  w^ork 


THE  EXECUTION  OF  NATIONAL  LAWS       195 

Congress  has  created  a  vast  administrative  organization, 
which  consists  of  ten  great  departments  and  several  important 
commissions  or  boards.  Each  of  the  ten  departments  has 
an  officer  at  its  head  who  is  called  either  a  "secretary"  or  a 
"general."  These  officers  are  appointed  by  the  President, 
with  the  consent  of  the  Senate,  and  they  act  as  advisers  to 
the  President  in  all  important  matters.  He  not  only  consults 
them  individually,  but  he  also  brings  them  together  once  or 
twice  a  week.  When  they  come  together  these  heads  of  de- 
partments constitute  what  is  known  as  the  President's  Cabi- 
net. The  President  is  not  compelled  to  act  upon  the  advice 
of  the  Cabinet,  but  this  organization  is  nevertheless  of  great 
assistance  to  him. 

THE  EXECUTIVE  DEPARTMENTS.  The  central 
offices  of  the  ten  great  departments  are  located  in  Washing- 
ton, where  thousands  of  officers,  clerks,  and  employes  are 
engaged  in  carrying  on  the  work  of  the  government.  For 
convenience  these  departments  are  organized  into  bureaus 
or  divisions,  each  in  charge  of  a  chief  officer  who  is  usually 
appointed  by  the  President  and  the  Senate.  It  must  not 
be  thought,  however,  that  the  work  of  the  national  govern- 
ment is  performed  entirely  in  Washington.  Practically  all  of 
the  departments  have  numerous  officers  and  employes  who 
carry  on  the  w^ork  of  the  government  in  all  parts  of  the  coun- 
try. These  scattered  officers  are  subject  to  the  control  and 
direction  of  the  departments  at  the  national  capital. 

THE  STATE  DEPARTMENT.  Headed  by  the  Secre- 
tary of  State,  this  department  attends  to  all  the  details  of  our 
foreign  affairs.  It  gives  instructions  to  our  diplomatic 
representatives  abroad  and  superintends  all  our  relations  with 
foreign  governments. 

THE  TREASURY  DEPARTMENT.  Headed  by  the 
Secretary  of  the  Treasury,  this  department  manages  the 
financial  affairs  of  the  nation,  collects  its  revenues,  controls 


196    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

the  mints  and  the  national  banks,  and  pays  out  such  money 
as  is  authorized  by  Congress. 

THE  WAR  DEPARTMENT.  Headed  by  the  Secretary 
of  War,  this  department  provides  for  the  recruiting?,  eciuip- 
ment,  and  management  of  the  army.  It  controls  the  United 
States  Military  Academy  at  West  Point,  New  York,  where 
young  men  are  trained  for  service  as  officers  in  the  army. 
The  improvement  of  our  ri\crs  and  harbors  is  also  under- 
taken by  the  engineers  of  this  department. 


THE  UNITED  STATES  TREASURY  BUILDING 


THE  NAVY  DEPARTMENT.  Headed  by  the  Secre- 
tary of  the  Navy,  this  department  provides  for  the  navy  in 
the  same  way  that  the  War  Department  provides  for  the  army. 
It  controls  the  United  States  Naval  Academy  at  Annapolis, 
Maryland,  where  young  men  are  trained  to  be  officers  of 
the  na\y. 

THE  POST  OFFICE  DEPARTMENT.  Headed  by  the 
Postmaster  General,  this  department  has  the  entire  manage- 
ment of  the  United  States  postal  service. 

THE  DEPARTMENT  OF  JUSTICE.  Headed  by  the 
Attorney  General  of  the  United  States,  this  department  gives 


THE  EXECUTION  OF  NATIONAL  LAWS       197 

advice  on  questions  of  the  law  to  the  President  and  the 
other  executive  officers  of  the  nation.  When  the  United 
States  government  sues  or  is  sued  in  the  courts,  the  national 
government  is  represented  by  the  Attorney  General  or  by 
one  of  the  United  States  district  attorneys,  who  are  under  his 
<:ontrol. 

THE  INTERIOR  DEPARTMENT.  Headed  by  the 
Secretary  of  the  Interior,  this  department  has  control  over  a 
number  of  matters  relating  to  the  affairs  within  the  country, 
such  as  Indian  affairs,  public  lands,  pensions,  and  patents. 

THE  DEPARTMENT  OF  AGRICULTURE.  Headed 
by  the  Secretary  of  Agriculture,  this  department  collects  in- 
formation in  regard  to  the  agricultural  conditions  of  the 
country,  the  improvement  of  roads,  and  similar  matters.  As 
we  have  seen,  the  department  has  no  control  over  these  things. 
It  is  established,  merely  to  advise  and  assist  those  who  desire 
information.  It  has  control  also  over  the  weather  bureau, 
the  government  forest  reserves,  and  the  enforcement  of  the 
Food  and  Drugs  Act  and  the  Meat  Inspection  Act. 

THE  DEPARTMENT  OF  COMMERCE.  Headed  by 
the  Secretary  of  Commerce,  this  department  promotes  the 
commercial  interests  of  the  country  by  gathering  and  fur- 
nishing information — especially  information  concerning  oppor- 
tunities for  American  trade  in  foreign  countries.  This  de- 
partment also  manages  most  of  those  services  which  regulate 
and  assist  navigation. 

THE  DEPARTMENT  OF  LABOR.  Headed  by  the 
Secretary  of  Labor,  this  department  makes  investigations 
and  collects  information  that  is  of  interest  in  connection  with 
the  improvement  of  the  conditions  of  the  laboring  classes  in 
the  United  States.  It  maintains  a  special  bureau  devoted 
to  the  interests  of  children  who  work  in  industry.  It  also 
supervises  and  enforces  the  immigration  and  naturalization 
laws. 


198  GOVERNMENT  AND  POLITICS  IN  \'IRGINIA 

THE  INDEPENDEXT  COMMISSIONS.  In  addition 
to  these  ten  large  departments,  there  are  in  the  national 
executive  organization  a  few  important  commissions  which  are 
independent  of  any  department.  The  Interstate  Commerce 
Commission,  consisting  of  seven  commissioners,  controls 
and  regulates  the  interstate  business  of  railway,  telegraph, 
telephone,  car,  and  express  companies.  The  Federal  Trade 
Commission,  consisting  of  five  commissioners,  regulates  the 
business  of  companies  that  ship  goods  in  interstate  commerce 
in  order  to  prevent  these  companies  from  being  unfair  in 
their  business  methods.  The  Civil  Service  Commission,  con- 
sisting of  three  commissioners,  conducts  examinations  in 
all  parts  of  the  country  for  those  who  desire  to  secure  positions 
in  the  service  of  the  national  government.  The  Federal 
Reserve  Board,  with  seven  members,  supervises  and  controls 
the  business  of  the  twelve  federal  reserve  banks. 

The  Federal  Farm  Loan  Board,  consisting  of  five  members, 
supervises  the  twelve  federal  land  banks  and  assists  in  estab- 
lishing associations  and  banks  to  lend  financial  aid  to  farmers. 
The  L'uited  States  Railroad  Labor  Board,  of  nine  members, 
is  for  the  purpose  of  settling  disputes  between  railroad  com- 
panies and  their  employees.  The  United  States  Tariff  Com- 
mission, of  five  members,  collects  for  Congress  information 
about  the  customs  duties  of  the  United  States  and  other 
countries.  The  F'ederal  Board  for  Vocational  Education  dis- 
tributes to  the  states  and  local  governments  funds  which 
Congress  has  set  aside  to  help  in  developing  vocational  in- 
struction in  the  schools. 

CLASS  EXERCISES 

1.  Do  the  officers  of  our  state  government  execute  the  national  laws 
in  Virjiinia?  If  not,  how  are  the  national  laws  enforced?  Explain  why 
the  national  executive  officers  are  necessarj-. 

2.  Who  is  now  President  of  the  United  States?  When  was  he  elected? 
When  did  he  take  office?  How  long  has  he  yet  to  serve?  May  he  be  re- 
elected at  the  end  of  his  present  term  of  office? 


THE  EXECUTION  OF  NATIONAL  LAWS       199 

3.  What  is  meant  by  presidential  electors?  How  are  they  nomi- 
nated? How  are  they  elected?  What  is  their  duty?  Do  you  know  of 
any  one  who  has  ever  been  a  presidential  elector?  Why  do  we  take  so 
little  interest  in  the  choice  ot  presidential  electors?  Explain  fully  the 
original  idea  of  the  electoral  college.  Have  the  electors  any  independent 
choice  in  casting  their  vote  for  President  and  Vice-President?  Explain 
how,  in  spite  of  the  fact  that  we  cast  our  vote  at  the  polls  for  presidential 
electors,  we  in  reality  vote  for  one  of  the  candidates  for  President. 

4.  How  many  electoral  votes  has  Virginia?  Why?  Explain  how  the 
entire  electoral  vote  of  Virginia  maj^  be  cast  for  the  Democratic  candidate 
even  though  only  a  small  majority  of  the  voters  in  the  state  may  vote  for 
the  presidential  candidate  of  this  party. 

5.  Explain  how  party  candidates  for  the  presidency  are  nominated  by 
political  parties.  What  is  the  platform?  Who  draws  it  up,  and  where? 
What  is  meant  by  the  campaign? 

6.  Why  is  the  President  required  to  send  messages  to  Congress? 
What  is  meant  by  his  veto?  How  may  it  be  "over-ridden"?  When  may 
the  President  call  a  special  session  of  Congress?  Does  the  President  have 
any  influence  in  the  making  of  our  national  laws? 

7.  What  officers  of  the  national  government  are  elected  by  the  people? 
How  are  the  other  important  officers  chosen — the  heads  of  departments, 
for  instance,  the  ambassadors  and  ministers,  the  judges,  the  postmasters? 
How  are  most  of  the  less  important  officers  chosen?  Suppose  the  Presi- 
dent wishes  to  nominate  the  postmaster  in  your  community,  how  would 
he  probably  get  the  names  of  suitable  candidates  for  this  position?  How 
would  the  appointment  be  made?  How  is  the  President  influenced  in  the 
nominations  which  he  makes  to  the  Senate? 

8.  Why  is  it  necessary  that  the  President  should  have  the  power  to 
remove  cabinet  and  other  officers?  What  share  does  the  President  have 
in  making  our  treaties  with  foreign  countries?  What  is  his  position  in 
the  army  and  navy? 

9.  Who  may  be  chosen  President  of  the  United  States?  In  case  of 
the  President's  death,  who  succeeds  him?  In  case  of  his  successor's  death, 
who  would  become  President? 

10.  What  is  meant  by  the  President's  cabinet?  What  are  the  names  of 
some  of  the  present  cabinet  officers?  Who  appointed  them?  Who  may 
remove  them? 

11.  What  is  meant  by  the  executive  departments?  How  manj^  de- 
partments are  there?  Give  the  name  of  each  of  these  departments  and 
some  idea  of  its  business.  What  important  independent  commissions 
are  there? 


CHAPTER  XXIV 
THE  NATIONAL  COURTS 

THE  NECESSITY  FOR  NATIONAL  COURTS.  It  i? 
easy  to  understand  the  difficulties  that  would  arise  if  the 
courts  of  the  various  states  of  the  Union  were  given  the  sole 
power  to  explain  and  apply  the  laws  of  the  nation.  Courts 
in  different  states  would  explain  the  national  laws  quite 
differently.  They  might  even  be  unfriendly  to  the  laws  passed 
by  Congress  and  might  refuse  to  enforce  them.  In  order  to 
avoid  this  confusion  and  weakness,  the  constitution  provides 
for  a  system  of  national  courts  which  are  wholly  independent 
of  the  state  courts.  These  courts  constitute  the  judicial 
department  of  the  national  government. 

The  constitution  says  that  there  shall  be  one  Supreme 
Court  of  the  United  States  and  as  many  other  courts  as  Con- 
gress may  see  fit  to  establish.  Congress,  therefore,  has  by 
law  determined  what  national  courts  shall  be  established  in 
addition  to  the  Supreme  Court,  and  how  many  judges  shall 
be  ai)pointed  for  each  court,  including  the  Supreme  Court. 

THE  UNITED  STATES  SUPREME  COURT.  The 
Supreme  Court  consists  of  nine  judges,  or  justices  as  they  are 
called.  One  of  these,  the  Chief  Justice,  presides  over  the 
court.  No  case  can  be  heard  by  less  than  six  of  these  j  ustices, 
and  a  majority  of  those  hearing  the  case  must  agree  upon 
every  judgment  that  is  made.  Almost  the  entire  work  of 
this  court  consists  in  hearing  what  are  known  as  appealed 
cases.  These  are  cases  that  ha\'e  already  been  tried  in  the 
lower  United  States  courts  or  in  the  courts  of  one  of  the  states, 
and  have  been  properly  brought  up,  or  appealed,  to  the 
Supreme  Court  for  a  final  determination. 

200 


THE  NATIONAL  COURTS  201 

The  United  States  Supreme  Court  is  the  highest  court  of 
our  nation.  It  is  perhaps  the  most  powerful  court  in  the 
world.  Its  justices  are  men  of  great  learning  in  the  law  and 
of  integrity  and  character  above  reproach.  A  seat  upon  the 
Supreme  Bench,  as  it  is  called,  is  one  of  the  highest  honors 
in  the  gift  of  the  nation.  Everybody  in  Virginia  should  be 
proud  to  reflect  that  the  greatest  justice  this  court  has  ever 
known  was  John  Marshall  of  Virginia.  From  1801  until  the 
time  of  his  death  in  1835  he  presided  over  the  Supreme  Court 
as  its  Chief  Justice.  In  the  opinions  which  he  handed  down 
during  these  years,  he  explained  more  clearly  than  anyone 
else  the  real  meaning  of  our  national  constitution,  and  the 
true  nature  of  the  federal  government  which  it  created. 

The  Supreme  Court  holds  its  sessions  in  the  capitol  at 
Washington.  It  is  a  solemn,  dignified,  and  impressive  court 
of  justice. 

THE  CIRCUIT  COURTS  OF  APPEAL.  For  judicial 
purposes  Congress  has  divided  the  entire  country  into  nine 
circuits,  a  number  of  states  being  included  in  each  circuit. 
Virginia,  Maryland,  West  Virginia,  North  Carolina,  and  South 
Carolina  form  the  fourth  judicial  circuit  of  the  nation.  In 
each  of  these  nine  circuits  there  is  a  circuit  court  of  appeals. 
These  courts  hear  cases  that  have  been  appealed  from  the 
United  States  district  courts,  and  in  many  instances  they  have 
the  power  to  determine  these  cases  finally,  there  being  no 
further  appeal  to  the  Supreme  Court.  These  circuit  courts 
of  appeal  were  established  to  relieve  the  Supreme  Court  of  a 
part  of  its  work.  In  spite  of  the  assistance  which  they  give, 
the  Supreme  Court  is  greatly  overburdened  with  the  large 
number  of  cases  before  it.  After  a  case  has  been  carried  to 
this  court,  it  often  happens  that  it  cannot  be  considered  for 
two  years  or  more.  , 

THE  DISTRICT  COURTS.  The  lowest  and  most  numer- 
ous branch  of  United  States  courts  are  the  district  courts. 
In  each  state  Congress  has  provided  for  one  or  more  judicial 


202    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

districts,  and  in  each  district  there  is  a  United  States  district 
court.  There  are  in  all  about  eighty  of  these  district  courts. 
X'irginia  is  divided  into  two  of  these  national  judicial  districts. 
These  are  known  as  the  Eastern  and  the  Western  Districts 
of  \'irginia.  The  court  of  the  Eastern  District  sits  from  time 
to  time  in  Richmond,  Norfolk,  and  Alexandria.  The  court 
of  the  Western  District  sits  in  Lynchburg,  Danville,  Roanoke, 
Abingdon,  Big  Stone  Gap,  Charlottesville,  and  Harrisonburg. 


(Copyright,  Vnderwooil  &  Underwood) 

THE  UNITED  STATES  SUPREME  COURT  IN  SESSION 

The  man  standing  in  the  foreground  is  an  attorney  who  is  arguing  a  case  before 

the  court 


THE  JUDGES  OF  UNITED  STATES  COURTS.  In 
addition  to  the  nine  justices  of  the  United  States  Supreme 
Court,  there  are  in  each  of  the  nine  judicial  circuits  from  two 
to  four  circuit  judges,  and  in  each  of  the  eighty  judicial  dis- 
tricts at  least  one  district  judge.  All  of  these  justices  and 
judges  are  appointed  by  the  President  with  the  consent  of  the 
Senate. 


THE  NATIONAL  COURTS  203 

Unlike  the  President  and  Vice-President,  United  States 
judges  hold  office  for  life,  or  as  the  phrase  goes,  "during  good 
behavior."  This  method  of  appointing  judges  for  unlimited 
terms  has  one  great  advantage.  When  once  he  has  been  ap- 
pointed, a  judge  holds  his  office  quite  independently  of  the 
President  and  Congress.  He  does  not  have  to  seek  re- 
appointment, and  therefore  he  does  not  have  to  consider 
politics.  He  can  perform  the  duties  of  his  office  with  justice 
and  fairness  to  all. 

THE  REMOVAL  OF  JUDGES  BY  IMPEACHMENT. 
If  a  judge  of  one  of  the  national  courts,  or  some  other  high 
officer  of  the  nation,  violates  the  trust  imposed  in  him,  he 
ought  not  to  remain  in  office.  If,  for  instance,  he  accepts  a 
bribe,  or  betrays  the  nation  to  an  enemy,  or  commits  some 
great  crime,  the  people  would  be  unwilling  to  have  such  a 
man  continue  in  office.  The  constitution  makes  provision 
by  which  such  an  officer  may  be  removed.  This  is  accom- 
plished by  convicting  him  upon  what  is  known  as  impeach- 
ment. Impeachment  is  a  kind  of  accusation  brought  against 
a  judge  or  other  public  officer.*  It  is  somewhat  similar  in 
character  to  an  indictment  brought  by  a  grand  jury. 

The  national  constitution  gives  to  the  House  of  Repre- 
sentatives the  power  to  impeach  any  officer  of  the  United 
States.  The  Senate  is  made  a  court  for  the  trial  of  such  an 
impeachment,  and  the  officer  who  has  been  impeached  can  be 
convicted  only  by  a  two-thirds  vote  of  the  Senate.  If  con- 
A'icted,  he  may  be  removed  from  office  and  forbidden  to  hold 
any  office  of  trust  in  the  future. 

The  House  of  Representatives  has  rarely  exercised  this 
power  to  bring  impeachments.  In  1868  President  Johnson 
was  impeached  by  the  House;  but  the  Senate  failed  to  con- 
vict him  on  the  charges  brought  against  him.  Only  six 
national  judges  have  ever  been  impeached,  and  only  three  of 
these  were  convicted  and  removed  from  office. 


204    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

THE  JURISDICTION  OF  UNITED  ST  A  TES  COURTS. 
The  constitution  itself  declares  what  kinds  of  cases  may  be 
brought  before  the  courts  of  the  United  States.  It  seems  un- 
necessary to  enumerate  all  the  different  classes  of  cases  that 
are  thus  mentioned  in  the  constitution.  Some  of  them  are  in 
fact  of  very  little  importance.  It  is  highly  important,  how- 
ever, to  understand  in  general  that  the  national  courts  con- 
sider certain  important  classes  of  cases,  and  the  state  courts 
other  important  classes. 

Let  it  be  said,  then,  that  the  national  courts  determine 
cases  arising  under  the  constitution,  the  laws,  and  the  treaties 
of  the  United  States.  For  example,  if  one  person  claims  that 
his  patent  or  his  copyright  has  been  violated  by  another,  he 
brings  suit  in  a  national  court;  for  these  are  rights  in  which  he 
is  protected  by  the  laws  of  Congress.  Again,  if  a  person  is 
accused  of  counterfeiting  United  States  money,  or  of  stealing 
from  the  United  States  mails,  he  is  tried  in  a  national  court, 
for  these  are  offenses  against  the  laws  of  the  nation.  Such 
cases  as  these  do  not  come  before  the  state  courts,  for  they  do 
not  require  the  application  of  state  law  but  of  national  law. 

Cases  of  one  other  important  class  are  brought  before  the 
courts  of  the  nation.  Ordinarily  these  courts  do  not  interpret 
and  apply  the  laws  of  any  state.  This  is  the  duty  of  the 
courts  of  that  state.  But  suppose  a  dispute  arises  between 
two  states,  and  one  of  them  brings  suit  against  the  other. 
Naturally  neither  of  the  states  would  be  willing  to  have  the 
trial  conducted  in  the  courts  of  the  other  state.  The  constitu- 
tion provides  that  such  a  suit  may  be  brought  in  the  United 
States  Supreme  Court.  The  state  of  Virginia  recently  brought 
such  a  suit  against  the  state  of  West  Virginia  to  determine  a 
controversy  over  the  debt  which  Virginia  owed  at  the  time 
when  West  Virginia  was  formed  into  a  separate  state. 

Again,  suppose  a  citizen  of  one  state  wishes  to  sue  a  citizen 
of  another  state.  Or  suppose  a  suit  arises  between  a  citizen 
of  one  of  the  states  and  a  foreigner.     In  such  cases  as  these. 


THE  NATIONAL  COURTS  205 

the  courts  of  any  particular  state  might  be  inclined  to  favor 
the  citizens  of  that  state  as  against  outsiders.  It  is  provided, 
therefore,  that  such  suits  may  be  brought  in  the  national 
courts,  even  though  they  may  require  the  application  only  of 
state  law. 

There  are  a  number  of  other  kinds  of  cases  which  may  come 
before  the  national  courts,  but  these  arise  much  less  frequently 
than  those  just  mentioned.  In  general,  therefore,  the  cases 
heard  in  the  United  States  courts  are:  (1)  those  which  require 
the  application  of  the  laws  of  the  nation;  and  (2)  those  in 
which,  by  reason  of  the  character  of  the  parties  engaging  in 
the  suit,  the  national  courts  may  be  expected  to  render  more 
impartial  decisions  than  the  state  courts. 

THE  POWER  OF  THE  SUPREME  COURT  TO  PRO- 
TECT THE  NATIONAL  CONSTITUTION  AGAINST 
THE  ST  A  TES.  We  have  seen  that  the  United  States  con- 
stitution is  the  supreme  law  of  the  land,  and  that  it  imposes 
certain  important  restrictions  upon  the  powers  of  the  states. 
Now  suppose  a  state  passes  a  law  that  deprives  a  person  of 
his  property  without  paying  him  justly  for  it.  Or  suppose  a 
state  law  provides  for  the  collection  of  duties  on  imports. 
The  national  constitution  prohibits  any  state  from  passing 
such  laws  as  these.  At  once,  therefore,  a  conflict  arises  be- 
tween the  state  law  and  the  constitution  of  the  nation.  But 
the  constitution,  being  the  "supreme  law  of  the  land,"  must 
prevail  over  the  state  law.  The  situation  is  very  compli- 
cated. How  shall  a  man  proceed  who  has  been  deprived  by 
some  state  of  a  right  in  which  he  is  protected  by  the  national 
constitution?  This  .will  depend  somewhat  upon  the  particu- 
lar case.  It  is  sufficient  to  know  that  ordinarily  he  brings 
his  suit  in  a  state  court  and  asks  that  court  to  maintain  his 
rights  under  the  national  constitution.  If  the  Supreme 
Court  of  the  state  decides  that  he  is  not  protected  by  the  na- 
tional constitution,  he  then  has  the  right  to  carry  his  case 
before  the  United  States  Supreme  Court.     This  court  has  the 


206    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

power  to  determine  the  question  finally,  and  the  state  is  com- 
pelled to  obey  its  orders.  This  is  the  usual  method  by  which 
we  may  protect  ourselves  against  the  unlawful  exercise  of 
powers  by  any  state. 

THE  POWER  OF  THE  SUPREME  COURT  TO  PRO- 
TECT THE  CONSTITUTION  AGAINST  CONGRESS. 
The  United  States  Supreme  Court  also  has  the  power  to  pro- 
tect us  against  any  law  which  the  constitution  prohibits  Con- 
gress from  enacting.  As  we  have  seen,  Congress  can  exercise 
only  those  powers  that  are  given  to  it  either  expressly  or 
impliedly  by  the  terms  of  the  constitution.  If,  for  example. 
Congress  should  enact  a  law  regulating  the  public  school 
system  of  Virginia,  the  Supreme  Court  would  declare  the  law 
unconstitutional  and  would  refuse  to  enforce  it;  for  Congress 
is  not  granted  the  power  to  enact  such  a  law. 
.  It  is  by  their  refusal  to  enforce  certain  laws  of  the  states 
and  of  Congress  that  the  courts  have  preserved  the  division 
of  powers  which  the  constitution  makes  between  the  nation 
and  the  states.  For  whenever  the  states  have  exceeded  their 
constitutional  powers,  they  have  usually  exercised  powers 
that  are  granted  to  Congress,  And  whenever  Congress  has 
gone  beyond  its  powers,  it  has  usually  attempted  to  exercise 
some  power  reserved  to  the  states.  * 

THE  TRIAL  OF  CASES  IN  THE  NATIONAL  COURTS. 
Cases  are  tried  before  the  national  courts  in  very  much  the 
same  way  that  they  are  tried  in  the  state  courts.  Most  of 
the  cases  in  the  United  States  district  courts  are  tried  by 
juries.  In  a  civil  suit,  there  are  lawyers  on  both  sides  of  the 
case,  who  argue  the  case  before  the  court.  In  a  criminal  suit, 
the  United  States  government  is  usually  represented  by  an 
officer  known  as  a  United  States  district  attorney.  It  is  the 
duty  of  this  officer  to  prove  the  guilt  of  the  person  who  is 
accused  of  a  crime  against  the  laws  of  the  nation.  One  dis- 
trict attorney  is  appointed  in  each  of  the  eighty  judicial  dis- 
tricts. 


THE  NATIONAL  COURTS  207 

CLASS  EXERCISES 

1.  Explain  why  the  national  courts  are  necessary,  in  addition  to  the 
•courts  of  the  states. 

2.  Have  you  ever  seen  the  Supreme  Court  room  in  the  Capitol  at  Wash- 
ington? If  so,  describe  it.  How  many  justices  sit  in  this  court?  How 
often  does  it  meet?     What  cases  does  it  consider? 

3.  Describe  the  system  of  national  courts  in  the  United  States.  In 
what  circuit  is  Virginia?  What  other  states  are  in  this  circuit?  How 
many  district  courts  are  there  in  Virginia?  Where  do  these  district  courts 
sit?     Why  were  the  circuit  courts  of  appeals  established? 

4.  How  are  the  national  judges  appointed?  For  what  term?  Why? 
Find  out,  if  you  can,  the  name  of  our  present  Chief  Justice.  The  names 
of  some  of  the  other  justices  on  the  Supreme  Bench.  Find  out,  if  you 
can,  the  names  of  some  of  the  national  judges  who  sit  in  the  district  court 
and  the  circuit  court  of  appeals  in  Virginia. 

5.  What  is  meant  by  impeachment?  Why  is  it  necessary?  Who  has 
the  power  to  bring  impeachments?  How  must  the  accused  officer  be 
tried?  How  may  he  be  punished?  Tell  about  the  impeachment  of  Presi- 
dent Johnson. 

6.  What  classes  of  cases  may  be  brought  before  the  national  courts? 
What  cases  come  before  the  state  courts?  If  you  wished  to  defend  some 
right  granted  to  you  by  the  national  constitution,  how  would  you  prob- 
ably proceed?     Who  would  determine  your  case  finallj? 

7.  Explain  how  the  Supreme  Court  protects  the  constitution  against 
the  states     Against  Congress. 


CHAPTER  XXY 
NATIONAL  TAXATION 

THE  NECESSITY  FOR  NA  TIONAL  TAX  A  TION.  Just 
as  our  state  and  local  governnicnis  find  it  necessary  to  raise 
a  large  amount  of  money  for  their  support,  so  the  national 
government  must  lia\  e  n.\  iiuk'  in  order  to  maintain  the  many 
important  services  which  it  undertakes.  For  one  of  these 
services,  the  postal  system,  we  indeed  pay  the  government 
directly;  but  e\en  in  tliis  department  of  its  work,  the  govern- 
ment has  often  spent  more  than  it  has  collected  from  the  sale 
of  stamps.  Most  of  the  other  enterprises  of  the  national 
government  are  undertaken  at  enormous  expense.  There 
must  be  money  for  the  support  of  the  army  and  navy,  for  con- 
structing defenses  along  the  coasts,  and  for  the  erection  at 
Washington  of  handsome  national  buildings,  such  as  the  Capi- 
tol, the  White  House,  the  Library  of  Congress,  and  the  build- 
ings occupied  by  the  various  departments  of  the  government. 
Courts  must  be  maintained  throughout  the  land.  Salaries 
must  be  paid  to  the  President  and  Vice-President,  the  members 
of  Congress,  the  judges  of  the  courts,  the  heads  of  depart- 
ments, to  our  diplomatic  representatives  abroad,  and  to 
thousands  of  less  important  officials  engaged  in  carrying  on 
the  work  of  the  national  go\x'rnment. 

Before  we  entered  the  World  War  in  1917,  the  national 
government  spent  less  than  a  billion  dollars  a  year.  It  now 
spends  annually  several  times  that  amount.  This  enormous 
increase  of  expenditure  is  due  chiefly  to  the  general  rise  of 
prices  all  over  the  world  (as  a  result  of  the  war)  and  to  the 
huge  debt  which  the  government  incurred  in  order  to  carry  on 
the  v'-^r.     Indeed  the  interest  which  the  government  now  pays 

208 


NATIONAL  TAXATION  209 

on  the  Liberty  and  other  government  bonds  amounts  to  more 
than  the  entire  cost  of  the  government  before  the  war. 

By  the  national  constitution  the  government  of  the  United 
States  is  given  power  to  raise  its  revenue  without  any  assist- 
ance or  hindrance  on  the  part  of  the  states.  We  have  seen 
how  the  state  of  \'irginia  raises  the  money  necessary  for  state 
purposes.  Let  us  now  see  what  are  the  principal  sources 
from  which  the  national  government  secures  the  revenue 
it  needs. 

DUTIES  ON  IMPORTS.  Almost  from  the  beginning  of 
our  history  as  a  nation,  Congress  has  laid  duties  on  imports 
coming  from  foreign  countries  into  the  United  States.  At 
first  these  duties  were  small,  but  today  they  are  quite  large. 
The  revenue  which  the  national  government  collects  annually 
from  these  customs  duties,  as  they  are  called,  amounts  usually 
to  more  than  three  hundred  millions  of  dollars. 

Apparently  it  is  the  importer  of  these  goods  from  foreign 
countries  who  pays  the  duties  on  them  when  they  are  unloaded 
at  any  port  of  the  United  States.  In  reality,  however,  the 
importer  adds  the  amount  of  the  duty  to  the  price  charged 
for  his  goods.  We  ourselves  actually  pay  the  duty  in  the  in- 
creased price  of  gloves,  silks,  laces,  woolen  goods,  and  many 
other  articles  that  we  buy.  This  makes  the  burden  of  the 
customs  duties  appear  much  lighter,  for  people  do  not  realize 
that  they  are  paying  these  duties  as  a  part  of  the  price  they 
pay  for  many  articles.  We  call  such  a  tax  as  this  an  indirect 
tax.  It  is  much  less  difficult  to  collect  an  indirect  tax  than 
a  direct  tax,  for  those  who  purchase  the  goods  and  in  reality 
bear  the  tax  do  not  pay  it  to  an  officer  in  the  form  of  a  tax. 

In  most  cases  articles  manufactured  abroad  can  be  manu- 
factured just  as  well  in  our  own  country.  By  imposing  large 
duties  on  these  foreign  articles  they  are  made  more  expensive. 
High  duties  on  imports,  therefore,  are  known  as  a  protective 
tariff,  because  they  "protect"  our  home  industries  from  articles 
produced  more  cheaply  abroad.     Many  people  in  the  United 


2in  r,o\i;R\Mi-:NT  and  politics  i\  x'irginia 

States  believe  thai  ilie  tariff  shoukl  be  kept  higii;  others  be- 
lieve that  it  ought  to  be  low.  The  Democratic  party  has  in 
general  favored  a  low  tariff,  believing  that  it  is,  after  all,  the 
poorer  people  who  actually  bear  the  burden  of  high  duties. 
On  the  other  hand,  the  Republican  party  has  generally 
favored  a  high  tariff,  ])elieving  that  this  would  increase  our 
manufacturing  and  thus  promote  liusiness  and  prosperity. 

INTERNAL  REVENUE:  EXCISE  TAXES.  The  money 
that  is  raised  by  all  the  national  taxes  except  duiics  on  im- 
ports is  generally  called  internal  revenue;  for,  unlike  duties 
on  imports,  these  taxes  are  laid  upon  goods  and  other  things 
within  the  United  States.  There  are  several  different  kinds 
of  internal  revenue  taxes.  One  of  these  is  known  as  excise 
taxes.  These  are  taxes  imposed  upon  the  manufacture  of 
certain  articles  such  as  cigars,  cigarettes,  beverages  of  various 
kinds,  candy,  automobiles,  boats,  cameras,  rugs,  trunks, 
jewelry,  and  so  on.  Before  prohibition  a  large  revenue  was 
alvSO  secured  from  taxes  on  the  manufacture  of  liquors.  Like 
the  customs  duties,  excise  taxes  are  also  indirect  taxes.  They 
are  not  borne  by  the  manufacturer  who  pays  them.  To  the 
price  of  his  articles  the  manufacturer  adds  the  amount  of  the 
excise  tax,  and  ilie  purchaser  pays  the  tax  in  the  increased 
prices  of  these  articles. 

INTERNAL  REVENUE:  INCOME  TAXES.  As  we 
have  seen,  the  sixteenth  amendment  to  the  national  constitu- 
tion permits  Congress  to  le^•y  income  taxes.  These  are  taxes 
imposed  on  all  persons  and  corporations  in  the  country  and 
are  based  upon  the  amount  of  their  annual  incomes.  How- 
ever, those  whose  incomes  are  less  than  one  or  two  thousand 
dollars  are  not  required  to  pay  this  tax.  The  income  tax  is 
1)\'  far  the  most  productive  source  of  revenue  of  the  national 
government.  It  has  sometimes  yielded  more  than  three 
I)illi()n  dollars  in  a  single  year.  It  is  difficult  to  see  how  the 
immense  increase  in  the  expenditures  of  the  government  as  a 
result  of  the  World  War  could   ha\-e  been   met,  if  Congress 


NATIONAL  TAXATION  211 

had  not  the  power  to  levy  income  taxes.  Many  people  be- 
lieve, moreover,  that  this  is  the  most  just  form  of  taxation 
possible,  since  a  person's  income  is  the  best  test  of  his  ability 
to  pay. 

INTERNAL  REVENUE:  OTHER  TAXES.  The  na- 
tional government  also  levies  taxes  upon  the  estates  of  persons 
who  die  leaving  a  large  amount  of  property.  There  is,  how- 
ever, no  national  tax  on  small  estates.  Taxes  are  also  im- 
posed on  telegraph  and  long  distance  telephone  messages,  on 
admissions  to  theatres  and  other  places  of  entertainment,  on 
membership  dues  in  social  clubs.  License  taxes  are  imposed  on 
billiard  rooms,  upon  pawnbrokers,  custom  house  brokers, 
ship  brokers,  stock  brokers,  on  tobacco  manufacturers,  as 
well  as  on  theatres,  shooting  galleries,  and  circuses.  Stamp 
taxes  are  imposed  on  deeds  conveying  real  estate,  on  promis- 
sory notes,  on  ocean  passenger  tickets,  and  on  insurance 
policies.  A  heavy  tax  is  also  imposed  on  persons  who  employ 
child  labor.  During  the  war  other  national  taxes  were  im- 
posed on  a  number  of  other  things.  Indeed  our  national  tax 
laws  are  changed  in  some  important  respects  almost  every 
year. 

CUSTOMS  AND  INTERNAL  REVENUE  OFFICERS. 
For  the  collection  of  the  customs  duties  the  national  govern- 
ment has  established  customs  houses  in  all  the  important  sea- 
ports and  border  towns  of  the  United  States.  The  officers 
who  collect  other  national  taxes  are  known  as  internal  revenue 
officers.  They  are  scattered  throughout  the  country  in  many 
important  cities.  Customs  and  internal  revenue  officers  are 
under  the  control  of  the  national  treasury  department. 

RELATION  BETWEEN  NATIONAL  AND  STATE 
TAXATION.  Both  the  states  and  the  national  government 
are  prohibited  by  the  constitution  from  laying  duties  on  ex- 
ports from  the  United  States;  and  the  states  are  also  forbidden 
to  lay  any  duties  on  imports.  Nor  do  the  states  as  a  rule  lay 
excise  taxes  upon   the   manufacture  of   tobacco  and   other 


212  r.OVERNMEXT  AND  POLITICS  IX  VIRGINIA 

articles,  although  tlu'\'  niiiiht  levy  such  taxes  if  they  wished 
to  do  so.  OiiK'  a  few  of  the  states  (including  \'irginia)  levy 
taxes  on  incomes;  hut  many  states  impose  taxes  on  the  estates 
of  persons  who  die.  A  few  states  also  levy  taxes  similar  to 
certain  oihir  national  taxes.  On  the  whole,  however,  most 
of  the  states  do  not  secure  much  of  their  revenue  from  sources 
used  by  the  national  i;()\cTiinu'nt. 

On  the  other  hand,  the  national  government  does  not  lay 
taxes  on  real  estate,  personal  property,  or  franchises;  nor 
does  it  impose  poll  taxes;  and  only  in  a  few  instances  license 
taxes.  These,  as  we  have  seen,  are  among  the  chief  sources 
of  our  state  and  local  revenues.  It  is  clear,  therefore,  that 
the  methods  by  w'hich  the  government  of  the  nation  and  the 
governments  of  the  states  secure  their  respective  revenues  are 
for  the  most  part  finite  distinct.  This  has  its  advantages,  for 
if  taxes  were  laid  by  both  governments  on  the  same  things,  it 
might  result  in  excessive  taxation. 

RESTRICTIONS  ON  THE  TAXING  POWER  OF  CON- 
GRESS. In  the  exercise  of  its  taxing  power,  the  constitu- 
tion places  two  important  restrictions  upon  the  national 
government.  In  the  first  place,  direct  taxes  must  be  appor- 
tioned among  the  states  according  to  their  population.  The 
result  of  this  restriction  is  that  Congress  has  seldom  attempted 
to  levy  a  direct  tax.  It  is  far  too  difficult  to  apportion  such 
a  tax  among  the  states.  For  example,  suppose  Congress 
should  attempt  to  lay  a  tax  on  land.  This  would  be  a  direct 
tax,  for  the  owner  of  the  land  would  himself  bear  the  tax. 
Such  a  tax  would  have  to  be  distributed  amOng  the  forty- 
eight  states  according  to  their  population.  This  would 
necessitate  a  different  rate  of  taxation  in  each  ot  the  states 
and  would  require  an  army  of  officers  to  superintend  its 
collection. 

The  second  restriction  on  the  taxing  power  of  Congress  is 
found  in  the  requirement  of  the  constitution  that  "all  duties, 
imports,  and  excises  shall  be  uniform  throughout  the  Ihiited 


NATIONAL  TAXATION  213 

States."  This  means' that  Congress  may  not  levy  a  duty  on 
imports  brought  into  New  York  and  refuse  to  levy  the  same 
duty  on  similar  imports  brought  into  Norfolk  or  San  Francisco. 
No  preference  can  be  given  to  the  ports  of  one  state  over 
those  of  another.  Nor  may  Congress  impose  any  other  kind 
of  tax  on  one  person  or  thing  and  refuse  to  impose  a  like  tax 
on  another  person  or  thing  similarly  situated. 

THE  BURDEN  OF  NATIONAL  TAXATION.  Since 
the  United  States  entered  the  World  War  our  national  taxa- 
tion has  been  very  burdensome.  This  was  unavoidable. 
War  is  frightfully  costly.  We  spent  millions  of  dollars  every 
day.  We  must  now  pay  off  the  enormous  debts  that  we  in- 
curred ;  and  we  must  in  addition  carry  on  all  the  regular  work 
of  the  government.  W'e  can  do  this  only  if  we  pay  large 
taxes.  Even  with  burdens  that  appear  to  be  heavy,  we  are 
far  better  off  than  the  European  nations  that  fought  the 
terribly  destructive  war  of  1914-1918. 

CLASS  EXERCISES 

1.  Who  is  the  postmaster  at  your  post-office?  Who  pays  him  for  liis 
services?  Is  there  a  rural  free  dehvery  in  your  community?  WTio  pays 
the  carrier  for  his  services?     How  is  postal  service  supported? 

2.  Who  pays  for  the  support  of  our  army?  For  the  building  of  our 
battleships?  For  the  construction  of  coast  defences,  like  Fortress  Monroe? 
Who  pays  the  salaries  of  the  President,  the  members  of  Congress,  our 
diplomatic  representatives,  and  all  the  other  officers  of  the  national  gov- 
ernment? Mention  other  services  undertaken  by  the  United  States 
government  which  require  large  expenditures  of  money.  How  is  this 
money  secured?  Explain,  then,  how  we  as  a  people  are  benefited  by  the 
taxes  paid  to  the  national  government. 

3.  Find  out  from  your  father  or  some  other  person  in  your  community 
whether  he  pays  any  taxes  directly  to  the  national  government. 

4.  What  are  imports?  Suppose  an  importer  buys  gloves  in  London  for 
one  dollar  a  pair  and  paJ^s  on  each  pair  imported  to  the  United  States  a 
duty  of  sixty  cents;  what  would  these  gloves  probably  sell  for  in  American 
.shops?  Suppose  you  buy  a  pair  of  them,  who  pays  the  duty  of  sixty  cents? 
Do  you  realize  that  you  are  paying  it?     Do  you  pay  it  directly  to  the  gov- 


214  GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

criiiiR'Ht?     Who  pays  it  to  the  povcrnmont  colloctnr?     What  kind  of  tax 
is  this  called,  and  why? 

f).  \\  hy  does  the  United  States  governniciit  jjlace  large  duties  on  im- 
ports? Why  is  this  called  a  '•protertive  tariff"?  Explain  fully  how  our 
protective  tariff  is  meant  to  encourage  home  manufactiires. 

6.  Have  you  ever  seen  a  government  stamp  on  a  cigar  box?  How  is 
this  stamp  placed,  and  what  does  it  mean?  On  the  manufacture  of  what 
article  besides  tobacco  arc  excise  taxes  levied?  Why  does  the  national 
government  place  taxes  on  the  manufacture  of  these  articles? 

7.  Suppose  it  costs  a  manufacturer  two  dollars  to  make  a  box  of  cigars, 
and  suppose  the  United  States  government  places  an  excise  tax  of  fifty 
cents  on  each  l)ox  that  he  makes;  what  would  this  l)ox  probably  sell  for 
in  the  shops?  ^^■ho  pays  the  tax  of  fifty  cents?  Wliat  kind  of  tax  is 
this  called,  and  why? 

8.  What  is  the  national  income  tax?     Estate  taxes?     Stamp  taxes? 

9.  Exi)Iaiii  how  our  national  government  and  our  state  government 
secure  their  revenues  from  different  sources.  What  is  the  advantage  of 
this? 

10.  W^hat  are  the  two  great  principles  of  national  taxation?  What 
difficulty  would  the  government  of  the  United  States  meet  if  it  laid  a  tax 
on  real  estate?  Suppose  a  New  York  inii)orter  pays  a  duty  of  three  dollars 
a  yard  on  lace  worth  five  dollars  a  yard;  what  duty  will  a  Norfolk  or  New- 
port News  importer  pay  for  the  same  lace? 

11.  ^\■ho  has  the  power  to  imj)ose  these  duties  and  taxes?  Who 
determines  how  the  money  that  is  raised  Ijy  these  means  shall  be  ex- 
pended? 


CHAPTER  XXVI 
THE  GOVERNMENT  AND  THE  CITIZEN 

A  SUMMARY.  In  the  preceding  pages  we  have  learned 
that  our  government  is  estabHshed,  first,  for  the  purpose  of 
making  and  enforcing  certain  rules  that  protect  us  in  our 
rights  and  in  the  pursuit  of  our  desires,  and,  second,  for  the 
purpose  of  supplying  certain  services  which  we  as  individuals 
could  not  supply  for  ourselves.  We  have  seen  that  govern- 
ment in  the  United  States  is  established  and  maintained  by 
the  people  themselves.  We  have  seen,  further,  that  ours  is 
a  somewhat  complicated  system  of  government — that  cer- 
tain functions  are  performed  by  our  national  government 
while  certain  other  functions  are  performed  by  the  govern- 
ment of  our  state,  and  that  within  our  state  there  are  the 
governments  of  our  local  communities,  such  as  counties, 
cities,  and  towns,  which  local  governments  are  subject  to  the 
control  of  the  central  government  of  the  state.  The  object 
of  our  study  has  been  that  we  might  understand  what  these 
several  branches  of  our  government  are  attempting  to  do  for 
us,  how  they  assist  us  in  the  living  of  our  lives,  and  how  they 
are  organized  and  operated  for  this  purpose. 

THE  DEVELOPMENT  OF  INDIVIDUAL  RIGHTS 
UNDER  THE  LAW.  The  rules,  or  laws,  which  the  gov- 
ernment makes  and  enforces  impose  restrictions  upon  each, 
of  us;  but  these  restrictions  are  both  reasonable  and  neces- 
sary. We  must  allow  the  government  to  restrict  us  because 
the  rights  of  others  must  be  considered  and  protected.  We 
must  compel  the  government  to  restrict  others  because  our 
own  rights  must  be  considered  and  protected.  It  is  thus  by 
restricting  the  liberties  of  all  of  us  in  certain  respects  that 
everybody  knows  what  his  own  rights  are  and  what  his  legal 

215 


216  GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

obligations  are  toward  his  fellowmen.  In  other  words,  the 
reasonable  rights  of  every  person  are  thus  protected  against 
the  unreasonable  demands  or  desires  of  every  other  person. 

It  must  not  be  thought,  however,  that  our  rights  under  the 
law  remain  ahvajs  the  same.  They  are,  on  the  contrary, 
subject  to  change  from  time  to  time,  as  new  conditions  arise 
or  as  people  alter  their  ideas  about  the  reasonableness  or 
justice  of  this  or  that  law.  We  have  seen,  for  example,  that 
there  was  a  time  when  persons  were  punished  for  their  failure 
to  belong  to  and  support  a  particular  church.  Long  ago  the 
peojile  derided  that  this  was  unjust — that  the  government 
had  no  right  to  regulate  such  a  matter  as  this.  They  there- 
fore repealed  the  laws  on  this  subject  and  restored  to  every 
person  the  right  of  freedom  of  religion.  Again,  there  was  a 
time  when  most  of  the  colored  people  in  Virginia  and  the  rest 
of  the  Southern  states  were  held  in  slavery  and  enjoyed,  in 
consequence,  few  personal  rights.  But  as  a  result  of  the  War 
Between  the  States  slavery  was  abolished,  and  the  colored 
people  were  given  the  same  rights  under  the  law  that  white 
people  enjoy.  In  spite  of  the  terrible  trial  of  the  war,  there 
is  probably  no  thinking  person  in  the  South  today  who  would 
wish  to  see  the  rights  of  these  people  taken  away  from  them 
and  the  institution  of  slavery  restored. 

Again,  it  was  only  a  short  time  ago  when  every  person  in 
Virginia  had  the  right  to  buy  and  sell  intoxicating  liquors; 
but  this  right  has  now  been  taken  away  because  the  people 
of  the  country  thought  it  best  for  the  interests  of  all  that 
ever>'body  should  be  deprived  of  this  right.  To  cite  only 
one  other  instance,  there  was  a  time  many  years  ago  when 
persons  who  could  not  pay  their  debts  were  thrown  into  prison. 
The  people  finally  came  to  realize  not  only  that  this  form  of 
punishment  was  often  cruelly  unjust  but  also  that  it  actually 
prevented  the  person  who  was  thus  imprisoned  from  earning 
money  with  which  he  might  be  able  to  pay  off  his  debts. 

Illustrations  of  this  kind  might  be  mentioned  almost  in- 


THE  GOVERNMENT  AND  THE  CITIZEN      217 

definitely;  but  this  seems  unnecessary.  Suffice  it  to  say  that 
at  the  present  time  we  enjoy  numerous  rights  which  were 
formerly  denied  by  the  law.  On  the  other  hand,  we  are  de- 
prived by  the  law  of  many  rights  which  our  forefathers  en- 
joyed. And  this  is  as  it  should  be.  The  conditions  under 
which  people  live  and  their  views  about  rights  and  justice 
are  constantly,  though  gradually,  changing.  It  is  natural, 
therefore,  that  they  should  also  change  the  laws  in  which 
these  rights  and  views  are  embodied.  These  changes  in  the 
laws  are  not  usually  made  suddenly;  they  are,  on  the  con- 
trary, made  rather  slowly.  The  point  to  remember  is  that 
our  rights  over  against  our  fellowmen  and  our  duties  tow^ard 
them  do  not  remain  fixed  and  stationary.  Our  government  is 
a  living  thing;  and  like  all  living  things  it  grows  and  develops. 

It  would  be  a  mistake  to  assume  that  our  obligations  toward 
those  with  whom  we  come  in  contact  are  regulated  entirely 
by  laws.  It  is  only  the  most  important  of  our  rights  and 
duties  that  the  government  seeks  to  control  by  laws.  We 
have  many  duties  toward  our  families  and  our  neighbors 
that  we  perform,  not  because  the  law  commands  them,  but 
from  a  sense  of  kindness  and  consideration  or  because  we 
appreciate  and  understand  the  difference  between  right  and 
wrong  conduct.  If  we  were  content  to  do  for  one  another 
only  those  things  which  the  laws  positively  require,  we  should 
indeed  live  very  wretched  community  lives. 

THE  DEVELOPMENT  OF  GOVERNMENTAL  SER- 
VICES, Just  as  our  rights  under  the  law  are  subject  to 
gradual  change,  so  in  the  course  of  time  has  the  government 
gradually  undertaken  to  perform  more  and  more  services  for 
the  benefit  of  the  people.  A  century  or  more  ago  the  govern- 
ment, for  example,  constructed  very  few  roads  and  provided 
no  schools.  In  cities  the  government  did  not  maintain  or- 
ganized police  forces  nor  fire  departments.  It  did  not  light 
and  pave  and  clean  the  streets,  nor  remove  sewage  and  ga  rbage 
and  ashes  and  rubbish  from  the  people's  homes.     It  did  not 


218  G0VP:RNMENT  and  politics  in  VIRGINIA 

furnish  water  nor  provide  parks.  In  the  course  of  time,  how- 
ever, the  government  began  to  furnish  one  after  another  of 
these  services;  for  the  people  came  to  reahze  how  important 
they  were  to  the  welfare  of  the  community,  and  it  seemed 
appropriate  that  the  government  itself  should  establish  and 
maintain  them  for  the  benefit  of  all. 

It  is  probable,  moreover,  that  as  time  goes  on  the  govern- 
ment will  undertake  other  services  for  the  common  well- 
being  of  the  people.  What  these  services  may  be  we  do  not 
know.  Certainly  the  government  will  not  be  likely  to  rush 
in  and  undertake  services  that  are  being  satisfactorily  car- 
ried on  by  private  indixiduals  or  companies. 

THE  DEVELOPMENT  OF  THE  SUFFRAGE.  We 
have  had  occasion  to  note. that  the  people  participate  in  the 
establishment  and  maintenance  of  the  government  chiefly 
by  casting  their  ballots  at  primary  elections,  when  the  party 
candidates  are  chosen,  and  at  the  regular  elections,  when  the 
officers  of  the  government  are  chosen  from  among  the  party 
candidates.  W^e  have  observed,  too,  that  not  all  the  people 
are  permitted  to  vote — that  the  children  and  illiterate  men 
and  women  are  excluded  from  this  privilege.  While  the  num- 
ber of  persons  that  are  thus  excluded  in  \'irginia  is  still  large, 
it  is  by  no  means  so  large,  in  proportion  to  the  population  of 
the  state,  as  it  formerly  was.  Time  was  when  in  most  of  the 
states  only  those  could  vote  or  hold  office  who  owned  a  cer- 
tain amount  of  property  and  who  belonged  to  a  particular 
church.  These  qualifications  were,  however,  finally  removed ; 
and  the  suffrage  was  extended  to  practically  all  men  and  quite 
recently  to  all  women  also.  It  was  only  in  1902  that  an  edu- 
cational qualification  was  introduced  in  Virginia  and  that  the 
requirement  of  the  payment  of  poll  taxes  was  made  more 
rigid.  These  qualifications,  which  are  at  the  present  time 
found  in  only  a  few  states  of  the  Union,  naturally  reduce  the 
number  of  those  who  may  vote  in  Virginia.  In  practically 
all  (.){  the  states  of  the   Union  every  resident  adult  citizen  is 


THE  GOVERNMENT  AND  THE  CITIZEN      219 

entitled  to  vote;  and  in  a  number  of  states  this  privilege  has 
been  extended  also  to  women.  In  other  words,  it  is  simply 
a  fact  that,  for  the  most  part,  suffrage  qualifications  have 
been  gradually  reduced  in  the  United  States,  and  that  in 
consequence  more  and  more  people  have  been  able  to  partici- 
pate in  the  government  by  exercising  the  right  to  vote.  It 
must  be  remembered,  however,  that  the  people  of  each  state 
have  the  power  to  determine  who  shall  vote  in  that  state. 
They  may  even  determine  who  shall  vote  in  the  state  for  con- 
gressmen and  senators  and  presidential  electors;  for  the  na- 
tional government  has  no  power  to  fix  the  qualifications  for 
suffrage  even  in  national  elections. 

OUR  RESPONSIBILITY  TO  TWO  GOVERNMENTS. 
In  the  beginning  of  our  history  as  a  nation  there  was  con- 
siderable rivalry  between  the  national  government  and  the 
governments  of  the  several  states,  and  there  was  to  some  ex- 
tent a  feeling  of  di\ided  loyalty  on  the  part  of  the  people. 
This  rivalry  lasted  for  many  years,  and  even  at  the  present 
time  many  people  think  that  the  powers  of  the  states  should 
be  carefully  and  jealously  guarded.  Others  believe  that  the 
national  government  should  be  given  much  larger  powers 
than  it  now  enjoys.  In  spite  of  this  difference  of  view, 
everybody  now  recognizes  that  there  is  no  longer  any  question 
of  loyalty  involved  in  this  difference.  Whether  this  or  that 
power  should  be  taken  away  from  the  states  and  given  to 
the  national  government  or  should  be  taken  away  from  the 
national  government  and  given  to  the  states  is  simply  a 
question  of  policy.  In  other  words,  it  is  a  question  as  to 
which  of  these  branches  of  our  government  could  probably 
exercise  the  particular  power  for  the  best  interests  of  the 
people.  It  is  not  a  question  of  our  greater  devotion  to  our 
state  or  to  our  national  government. 

In  many  respects  the  government  of  our  country  or  city  Is 
closer  to  us  than  the  central  government  of  our  state ;  and  the 
government  of  our  state  is  closer  to  us  than  that  of  our  nation. 


220    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

We  should  not,  however,  be  mislead  by  this.  All  of  these 
governments  are  simply  parts  of  a  great  whole.  Each  of 
them  helps  us  in  its  own  way  and  within  its  own  sphere  of 
powers.  We  should  be  interested  in  and  loyal  to  each  of 
these  governments.  We  should  take  pride  in  the  develop- 
ment of  our  county,  our  town,  or  our  city;  and  we  should 
desire  to  see  it  have  the  best  government  that  is  possible. 
As  Virginians  we  have  every  reason  to  be  proud  of  our  splen- 
did state.  We  should  never  fail  to  remember,  howc\er,  that 
the  people  of  the  United  States  are  one  people.  We  should 
be  happy  to  know  that  above  all  else  we  are  American  citi- 
zens. 

OUR  DUTY  AS  AMERICAN  CITIZENS.  It  is  of 
the  utmost  importance  for  each  of  us  to  realize  that  he  has  a 
personal  part  in  the  scheme  of  government  which  we  have 
been  studying.  All  the  branches  of  our  government  belong 
to  us.  Our  forefathers  created  them  and  we  have  preserved 
them.  Whether  our  government,  in  our  community,  our 
state,  or  our  nation,  is  gcjod  and  effective  or  is  bad  and  in- 
effective depends  wholly  upon  us.  It  is  for  this  reason  that 
we  should  understand  why  our  government  is  established, 
how  it  is  organized  and  operated,  and  what  are  the  ideals  that 
it  is  seeking  to  work  out  for  our  benefit. 

Nearly  every  day  the  several  branches  of  our  government 
are  settling  important  questions  that  are,  either  directly  or 
indirectly,  of  importance  to  every  one  of  us.  These  ques- 
tions are  discussed  in  our  newspapers  and  magazines.  They 
are  the  subject  of  con\ersation  among  intelligent  men  and 
women.  Many  of  them  can  be  understood  by  intelligent 
boys  and  girls.  All  of  us  should  be  interested  in  them. 
We  should  study  them  and  try  to  understand  them.  We 
cannot  do  this,  however,  unless  we  have  taken  time  to  study 
and  understand  the  principles  of  our  government.  Let  each 
of  us  bear  in  mind  that  the  government  will  not  run  itself. 
If  we  stand  aside,  absorbed  in  our  own  affairs,  and  let  the 


THE  GOVERNMENT  AND  THE  CITIZEN      221 

government  take  care  of  itself,  it  will  surely  fall  into  the  hands 
of  corrupt  men,  who  will  take  advantage  of  the  people's 
indifference  and  will  use  the  people's  money  without  regard 
for  the  people's  interests  but  for  their  own  selfish  ends.  If 
we  are  to  have  good  government,  the  people — that  is,  you 
and  I — must  not  only  understand  the  government  but  must 
also  be  watchful,  interested,  and  willing  to  assist  in  every 
possible  way. 

How  can  we  assist?  We  can  study  the  principles  of  our 
government.  We  can  study  and  endeavor  to  understand  the 
questions  which  our  government  has  to  face  and  decide.  We 
can  inform  ourselves  in  regard  to  the  candidates  who  are  seek- 
ing office,  so  that  we  can  cast  our  votes  with  intelligence.  We 
can  use  our  influence  to  get  the  best  men  nominated  for,  and 
elected  to,  office.  When  our  country  needs  us,  whether  to 
serve  on  a  grand  jury  or  to  cast  our  ballot,  or  to  hold  office, 
or  to  defend  the  nation  in  time  of  war,  we  can  respond  with 
patriotism  and  devotion.  We  can  pay  our  taxes  willingly, 
realizing  that  the  government  cannot  exist  and  perform  all  of 
its  necessary  and  invaluable  services  unless  it  has  the  money 
with  which  to  meet  expenses.  We  can  obey  the  laws  cheer- 
fully, even  though  we  are  occasionally  inclined  to  believe  that 
this  or  that  law  is  unwise  or  unjust.  These  are  some  of  the 
more  commonplace  duties  which  every  good  American  citizen 
owes  to  himself  and  his  fellow  citizens. 

But  this  is  not  all.  It  is  not  sufficient  that  we  do  our 
duty  directly  in  the  matter  of  carrying  on  and  furthering  the 
interests  of  the  government  itself.  On  more  than  one  occasion 
in  the  course  of  our  study  we  have  had  occasion  to  note  that 
the  responsibility  for  the  progress  and  development  of  a 
community  does  not  rest  wholly  upon  the  government. 
The  government  cannot  do  everything  that  the  community 
needs.  W^e  as  individuals  and  in  our  private  societies  and 
associations  can  and  ought  to  do  not  only  many  things  to 
help  the  government  but  also  many  things  for  the  better- 


222  GOVERNMENT  AND  POLITICS  IX  \IRGINIA 

merit  of  our  community  which  the  government  does  not  under- 
take at  all.  Some  men  and  women  do  nothing  for  their  com- 
niiiiiity  except  to  cast  their  votes  on  election  days.  Some  do 
not  cwu  do  that.  Some  people  do  nothing  for  their  com- 
munity either  because  they  are  indifferent,  or  because  they 
think  that  everything  should  be  done  by  the  government 
itself,  or  because  they  have  never  stopped  to  think  of  the 
many  ways  in  which  they  might  be  of  assistance.  Such  per- 
sons are  not  making  the  best  of  their  opportunities.  They 
are  not  living  up  to  the  high  ideal  of  citizenship  of  which  they 
are  capable;  for  this  ideal  means  that  we  must  recognize 
our  responsibilities  in  return  for  the  privileges  that  we  enjoy 
by  reason  of  our  comnuuiity  life.  If  we  do  nothing  more,  we 
can  at  least  be  energetic  and  industrious,  and  thus  by  our  own 
progress  promote  the  progress  of  our  community.  We  can 
at  all  times  be  considerate  of  the  rights  of  others.  We  can 
be  honest  with,  and  kind  to,  our  fcllowmcn.  And  we  can 
greatly  improve  the  appearance  of  our  community  by  im- 
proving the  appearance  of  our  own  property. 

Perhaps  of  all  American  citizens  the  citizen  who  has  been 
born  on  foreign  soil  but  has  become  naturalized  in  this  coun- 
try owes  the  greatest  amount  of  loyalty  and  devotion  to  the 
government.  We  have  received  him  gladly  and  made  him 
one  of  us.  He  has  voluntarily  accepted  our  hospitality  as 
a  nation.  He  should  show  his  appreciation  by  his  interest 
in  everything  that  makes  for  the  betterment  of  the  community 
in  which  he  has  chosen  to  live;  and  in  time  of  stress,  when 
perhaps  the  American  nation  has  been  brought  into  disagree- 
ment with  some  foreign  nation,  even  though  that  nation  be 
the  one  under  which  he  was  born,  his  loyalty  to  America, 
the  country  of  his  voluntary  adoption,  should  be  above  the 
possibility  of  criticism. 


APPENDIX 

THE  CONSTITUTION  OF  THE  UNITED  STATES 

Preamble 

We,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the  com- 
mon defense,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  con- 
stitution for  the  United  States  of  America. 

Article  I.  Legislative  Department 
Section  I.  Congress  in  general 

All  legislative  powers  herein  granted  shall  be  vested  in  a  Congress  of 
the  United  States,  which  shall  consist  of  a  Senate  and  House  of  Repre- 
sentatives. 

Section  II.  House  of  Representatives 

1.  The  House  of  Representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  States,  and  the  electors  in 
each  State  shall  have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
iState  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  b}^  adding  to  the  whole 
number  of  free  persons,  including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three  fifths  of  all  other  persons. '  The 
actual  enumeration  shall  be  made  within  three  years  after  the  first  meeting 
of  the  Congress  of  the  United  States,  and  within  every  subsequent  term 
of  ten  years,  in  such  manner  as  they  shall  by  law  direct.  The  number  of 
Representatives  shall  not  exceed  one  for  every  thirtj^  thousand,  but  each 
State  shall  have  at  least  one  Representative;  and  until  such  enumeration 


1  Part  in  italics  is  no  longer  in  effect. 

223 


224    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

shall  be  made,  the  Staie  of  New  Hampshire  shall  be  entitled  to  choose  three,' 
Massachusetts,  eight;  Rhode  Island  and  Providence  Plantations,  one;  Con- 
necticut, five;  N(uv  York,  six;  A^ew  Jersey,  four;  Pennsylvania,  eight;  Dela- 
ivare,  one;  Maryland,  six;  Virginia,  ten;  North  Carolina,  five;  South  Caro- 
lina, five;  and  Georgia,  three. ' 

4.  When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such  vacan- 
cies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment. 

Section  III.  Senate 

1.  The  Senate  of  the  United  States  shall  be  composed  of  two  Senators 
from  each  State,  chosen  by  the  legislature  thereof,^  for  six  years;  and  each 
Senator  *:hall  have  one  vote. 

2.  Immediately  after  the\'  shall  be  assemhled  in  consequence  of  the  first 
election,  they  shall  be  divided  as  equally  as  may  be  into  three  classes.  The 
seats  of  the  Senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year;  of  the  second  class,  at  the  exi)iration  of  the  fourth  year, 
and  of  the  third  class,  at  the  expiration  of  the  sixth  j'car,  so  that  one  third 
may  be  chosen  every  second  year;  and  if  vacancies  happen  by  resignation 
or  otherwise  during  the  recess  of  the  legislature  of  any  State,  the  executive 
thereof  may  make  temporary  appointments  until  the  next  meeting  of  the  legis- 
lature, U'ldch  sh(dl  then  fill  such  vacancies.^ 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the  age 
of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inha})itant  of  that  State  for  which  he 
shall  be  chosen. 

4.  The  Vice-Pre-sident  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shall  choo.se  their  other  officers,  and  also  a  President 
pro  tempore  in  the  absence  of  the  Vice-President,  or  when  he  shall  exercise 
the  office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments.  A\'hen 
sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the 
President  of  the  I'nited  States  is  tried,  the  Chief  Justice  shall  preside: 
and  no  person  shall  be  convicted  without  the  concurrence  of  two  thirds 
of  the  meiii};ers  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office  of 

1  Part  in  italics  is  no  longer  in  effect. 

2  Part  in  italics  i.s  no  longer  in  effect.    See  Amendment  XVII. 


CONSTITUTION  OF  THE  UNITED  STATES    225 

honor,  trust,  or  profit  under  the  United  States;  but  the  party  convicted 
shall,  nevertheless,  be  liable  and  subject  to  indictment,  trial,  judgment, 
and  punishment,  according  to  law. 

Section  IV.  Both  Houses 

1.  The  times,  places,  and  manner  of  holding  elections  for  Senators  and 
Representatives  shall  be  prescribed  in  each  State  by  the  legislature  thereof; 
but  the  Congress  may  at  any  time  by  law  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by- 
law appoint  a  different  day. 

Section  V.  The  Houses  separately 

1.  Each  house  shall  be  the  judge  of  the  elections,  returns,  and  qualifi- 
cations of  its  own  members,  and  a  majority  of  each  shall  constitute  a, 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner,  and  under  such  penalties,  as  each  house  may  provide. 

2.  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its- 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds, 
expel  a  member. 

3.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time  to 
time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment 
require  secrecy,  and  the  yeas  and  nays  of  the  members  of  either  house  on 
any  question,  shall,  at  the  desire  of  one  fifth  of  those  present,  be  entered 
on  the  journal. 

4.  Neither  house,  during  the  session  of  Congress,  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  da3's,  nor  to  any  other  place 
than  that  in  wluch  the  two  houses  shall  be  sitting. 

Section  VI.  Privileges  and  disabilities  of  members 

1.  The  Senators  and  Representatives  shall  receive  a  compensation  for 
their  services,  to  be  ascertained  by  law  and  paid  out  of  the  treasury  of 
the  United  States.  They  shall,  in  all  cases  except  treason,  felony,  and 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  houses,  and  in  going  to  and  returning  from 
the  same;  and  for  any  speech  or  debate  in  either  house  they  shall  not  be 
questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the- 


226    GO\'KRNMENT  AND  POLITICS  IN  VIRGINIA 

United  States,  which  shall  liave  been  creatcii,  or  the  cinoluinents  whereof 
shall  have  been  increased  duriufj;  such  time;  and  no  person  holding  any  office 
under  the  United  States  shall  be  a  member  of  either  house  during  his  con- 
tinuance in  office. 

Section  VII.  Mode  of  passing  laws 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  Repre- 
sentatives; but  the  Senate  may  jjropose  or  concur  with  amendments  as 
on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representatives  and 
the  Senate  shall,  before  it  become  a  law,  be  presented  to  the  President  of 
the  United  States;  if  he  approve  he  shall  sign  it,  but  if  not  he  shall  return 
it  with  his  objections,  to  that  house  in  which  it  shall  have  originated,  who 
shall  enter  the  objections  at  large  on  their  journal  and  proceed  to  reconsider 
it.  If  after  such  reconsideration  two  thirds  of  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  ol)j(K;tions,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two  thirds  of 
that  house  it  shall  become  a  law.  But  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  per- 
sons voting  for  and  against  the  bill  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the  President  with- 
in ten  days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the 
Congress  by  their  adjournment  prevent  its  return,  in  which  case  it  shal 
not  be  a  law. 

3.  Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the  Sen- 
ate and  House  of  Representatives  may  be  no(!Cssary  (except  on  a  question 
of  adjournment)  shall  be  presented  to  the  President  of  the  United  States; 
and  before  the  same  shall  take  effect,  shall  be  approved  by  him,  or  being 
disapproved  by  him,  shall  be  repassed  l)y  two  thirds  of  the  Senate  and 
House  of  Representatives,  according  to  the  rules  and  limitations  prescribed 
in  the  case  of  a  bill. 

Sectio)^  17//.  Powers  granted  to  Congress 

The  Congress  shall  have  power: 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay  the  debts 
and  provide  for  the  common  defense  and  general  welfare  of  the  United 
States;  but  all  duties,  imposts,  and  excises  shall  be  uniform  throughout 
the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States; 

3.  To  regulate  commerce  with  foreign  nations  and  among  the  several 
States,  and  with  the  Indian  tribes; 


CONSTITUTION  OF  THE  UNITED  STATES    227 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on 
the  subject  of  bankruptcies  throughoiit  the  United  States; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  United  States; 

7.  To  establish  post  offices  and  post  roads; 

8.  To  promote  the  progress  of  science  and  useful  arts  by  securing  for 
limited  times  to  authors  and  inventors  the  exclusive  right  to  their  re- 
spective writings  and  discoveries; 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas  and  offenses  against  the  law  of  nations; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules- 
concerning  captures  on  land  and  water; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money  to  that 
use  shall  be  for  a  longer  term  than  two  years; 

13.  To  provide  and  maintain  a  navy; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrection,  and  repel  invasions; 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and 
for  governing  such  part  of  them  as  may  be  employed  in  the  service  of  the 
United  States,  reserving  to  the  States  respectively  the  appointment  of 
the  officers,  and  the  authority  of  training  the  militia  according  to  the  dis- 
cipline prescribed  by  Congress; 

17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever  over  such 
district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
States  and  the  acceptance  of  Congress,  become  the  seat  of  the  government 
of  the  United  States,  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  State  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dockyards,  and  other 
needful  buildings;  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers,  and  all  other  powers  vested  by  this 
constitution  in  the  government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

Section  IX.  Powers  denied  to  the  United  States 

1.  The  migration  or  importation  of  such  persons  as  any  of  the  States 
now  existing  shall  think  proper  to  admit  shall  not  be  prohibited  by  the  Con- 


228    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

{jress  prior  to  the  year  one  thousand  eight  hundred  and  eight,  but  a  tax  or  duty 
may  be  imposed  on  such  im/mrtatioN,  not  exceeding  ten  dollars  for  each 
person. ' 

2.  The  i)rivile!ie  of  the  writ  of  habeas  corpus  shiill  not  be  suspended, 
unless  when  in  ciscs  of  rebellion  or  invasion  the  i)uhlio  safety  may  require 
it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4.  No  capitation  or  other  (Hrect  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  enumeration  hereinbefore  flireoted  to  be  <^aken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

6.  No  preference  shall  be  given  by  any  regulation  of  commerce  or  reve- 
nue to  the  ports  of  one  State  over  those  of  another;  nor  shall  vessels  bound 
to  or  from  one  State  be  obliged  to  enter,  clear,  or  i)ay  duties  in  another. 

7.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of 
appropriations  made  by  law;  and  a  regular  statement  and  account  of  the 
receipts  and  expenditures  of  all  public  money  shall  be  published  from  time 
to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States;  and  no 
person  holding  any  office  of  profit  or  trust  under  them  shall,  without  the 
consent  of  the  Congress,  accept  of  any  present,  emolument,  office,  or  title, 
of  any  kind  whatever,  from  any  king,  prince,  or  foreign  state. 

Section  X.  Powers  denied  to  the  States 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  confederation;  grant 
letters  of  marque  and  reprisal;  coin  money;  emit  bills  of  credit;  make  any- 
thing but  gold  and  silver  coin  a  tender  in  payment  of  debts;  pass  any  bill 
of  attainder,  cr  post  facto  law,  or  law  impairing  the  obligation  of  contracts, 
or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary 
for  executing  its  inspection  laws;  and  the  net  produce  of  all  duties  and 
imposts,  laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use  of 
the  treasury  of  the  United  States;  and  all  such  laws  shall  be  subject  to 
the  revision  and  control  of  the  Congress. 

3.  No  State  shall,  without  the  con.sent  of  the  Congress,  lay  any  duty 
of  tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State  or  with  a  foreign  power,  or  en- 
gage in  war,  unless  actually  invaded  or  in  such  imminent  danger  as  will 
not  admit  of  delay. 


1  Part  in  -talics  is  no  longer  in  effect. 


CONSTITUTION  OF  THE  UNITED  STATES    229 

Article  II.  Executive  Department 
Section  I.  President  and  Vice-President 

1.  The  executive  power  sliall  be  invested  in  a  President  of  the  United 
States  of  America.  He  shall  hold  his  office  during  the  term  of  four  years, 
and  together  with  the  Vice-President,  chosen  for  the  same  term,  be  elected 
as  follows : 

2.  Each  State  shall  a})point,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  Senators 
and  Representatives  to  which  the  State  may  be  entitled  in  the  Congress; 
but  no  Senator  or  Representative,  or  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  shall  be  appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respective  States  and  vote  hy  ballot  jor 
two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves.  And  they  shall  make  a  list  of  all  the  persons  voted  for,  and 
of  the  member  of  votes  for  each;  which  list  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  the  seat  of  the  government  of  the  United  States,  directed  to  the 
President  of  the  Senate.  The  President  of  the  Senate  shall,  in  the  presence 
of  the  Senate  and  House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted.  The  person  having  the  greatest  jiumber  of  votes 
shall  be  the  President,  if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed;  and  if  there  be  more  than  one  who  have  such  majority,  and 
have  an  equal  n  umber  of  votes,  then  the  House  of  Representatives  shall  immedi- 
ately choose  by  ballot  one  of  them  for  President;  and  if  no  person  have  a  ma- 
jority, then  from  the  five  highest  on  the  list  the  said  House  shall  in  like  manner 
choose  the  President.  But  in  choosing  the  President  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote;  a  quorum  for 
this  purpose  shall  co7isist  of  a  member  or  members  from  two  thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice.  In  every  case, 
after  the  choice  of  the  President,  the  person  having  the  greatest  number  of  votes 
of  the  electors  shall  be  the  Vice-President.  But  if  there  should  remain  two  or 
more  who  have  equal  votes,  the  Senate  shall  choose  from  them  by  ballot  the  Vice- 
President.  ^ 

4.  The  Congress  may  determine  the  time  of  choosing  the  electors  and 
the  day  on  which  they  shall  give  their  votes,  which  day  shall  be  the  same 
throughout  the  United  States. 

5.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  constitution,  ^  shall  be  eligible  to  the 
office  of  the  President;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been  four- 
teen years  a  resident  within  the  United  States. 

1  Part  in  italics  is  no  longer  in  effect,  but  has  been  superseded  by  Amendment  XII. 

2  Part  in  italics  is  no  longer  in  effect. 


230    GOVERNMENT  AND  POLITICS  IX  VIRGINIA 

6.  In  case  of  the  roinoval  (»f  tho  Prcsidoiit  from  offifo,  or  of  his  death, 
resignation,  or  inability  to  dLscharge  the  powers  and  duties  of  the  said  of- 
fice, the  same  shall  devolve  on  the  Vice-President,  and  the  Congress  may 
by  law  provide  for  the  case  of  removal,  death,  resignation,  or  inability, 
both  of  the  President  and  Vice-President,  declaring  what  officer  shall  then 
act  as  President,  and  such  officer  sliall  act  accordingly  until  the  disability 
be  removed  or  a  President  shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the  per- 
iod for  which  ho  sliall  have  been  elected,  and  he  shall  not  receive  within 
that  period  any  other  emolument  from  the  United  States  or  any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office  he  shall  take  the  follow- 
ing oath  or  affirmation: 

"1  do  soleiimly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office 
of  President  of  the  United  States,  and  will  to  the  best  of  ny  ability  pre- 
serve, protect,  and  defend  the  constitution  of  tlie  United  States." 

Section  II.  Poiccrs  of  ihc  President 

1.  The  President  shall  be  commander-in-chief  of  the  army  and  navy 
of  the  United  States,  and  of  the  militia  of  the  several  States  when  called 
into  the  actual  service  of  the  United  States;  he  may  require  the  opinion,, 
in  writing,  of  the  priiicijial  officer  in  each  of  the  executive  departments, 
upon  any  subject  relating  to  the  duties  of  their  respective  offices,  and  he 
shall  have  the  power  to  grant  reprieves  and  pardons  for  offenses  against- 
the  United  States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  1)y  and  with  the  advice  anfl  consent  of  the  Sen- 
ate, to  make  treaties,  provided  two  thirds  of  the  Senators  present  concur; 
and  he  shall  nominate,  and,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, shall  appoint  aml)assadors,  other  public  ministers  and  consuls,  judges 
of  the  Supreme  Court,  and  all  other  officers  of  the  United  States,  whose 
appointments  are  not  herein  otherwise  i)rovidcd  for,  and  which  shall  be 
estaWished  by  law;  l)ut  the  Congress  may  by  law  vest  the  appointment  of 
such  inferior  officers,  as  they  think  proper,  in  the  President  alone,  in  the 
courts  of  law,  or  in  the  heads  of  departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
haf)pen  during  the  recess  of  the  Senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session. 

Section  III.  Dnlicn  of  (he  President 

He  shall  from  time  to  time  give  to  the  Congress  information  of  the  state 
of  the  Union,  and  recommend  to  their  consideration  such  measures  as  he 


CONSTITUTION  OF  THE  UNITED  STATES    231 

shall  judge  necessary  and  expedient;  he  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them,  and  in  case  of  disagreement  be- 
between  them  with  respect  to  the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  shall  think  proper;  he  shall  receive  ambassadors 
and  other  public  ministers;  he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the  United  States. 

Section  IV.  Impeachment 

The  President,  Vice-President,  and  all  civil  officers  of  the  United  States 
shall  be  removed  from  office  on  impeachment  for  and  conviction  of  treason, 
briberj%  or  other  high  crimes  and  misdemeanors. 

Article  III.  Judicial  Department 

Section  I.  United  States  Courts 

The  judicial  power  of  the  United  States  shall  be  vested  in  one  Supreme 
Court,  and  in  such  inferior  courts  as  the  Congress  may  from  time  to  time 
ordain  and  establish.  The  judges,  both  of  the  supreme  and  inferior  courts, 
shall  hold  their  offices  during  good  behavior,  and  shall,  at  stated  times, 
receive  for  their  services  a  compensation  which  shall  not  be  diminished 
during  their  continuance  in  office. 

Section  II.  Jurisdiction  of  United  States  Courts 

1.  The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity,  arising 
under  this  constitution,  the  laws  of  the  United  States,  and  treaties  made, 
or  which  shall  be  made,  under  their  authority;  to  all  cases  affecting  arn- 
bassadors,  other  public  ministers,  and  consuls;  to  all  cases  of  admiralty 
and  maritime  jurisdiction;  to  controversies  to  which  the  United  States  shall 
be  a  party;  to  controversies  between  two  or  more  States;  between  a  State 
and  citizens  of  another  State;  between  citizens  of  different  States;  between 
citizens  of  the  same  State  claiming  lands  under  grants  of  different  States, 
and  between  a  State,  or  the  citizens  thereof,  and  foreign  States,  citizens, 
or  subjects.  ^ 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls, and  those  in  which  a  State  shall  be  a  party,  the  Supreme  Court  shall 
have  original  jurisdiction.  In  all  the  other  cases  before  mentioned,  the 
Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions,  and  under  such  regulations,  as  the  Congress  shall 
make. 


1  Amended  in  one  respect  by  Amendment  XI- 


232    G0VP:RNMENT  and  politics  in  VIRGINIA 

3.  The  trial  of  all  crimes,  except  in  cases  of  iinpcachment,  shall  he  by 
jury;  and  such  frial  shall  ho  held  in  the  State  where  the  said  crimes  shall 
have  been  committed;  but  when  not  committed  within  any  State,  the  trial 
shall  be  at  such  place  or  places  as  the  Congress  may  by  law  have  directed. 

Section  HI.  Treason 

1.  Treason  against  the  United  States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and  comfort. 
No  person  shall  l)(>  convicted  of  treason  unless  on  the  testimony  of  1>wo 
witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of  treason, 
but  no  attainder  of  treason  shall  work  corruption  of  blootl  or  forfeiture 
except  during  the  life  of  the  person  attainted. 

Aktxcles  IV.  Genekal  Provisions 

Section  I.  State  records 

Full  faith  and  credit  shall  be  given  in  each  State  to  the  public  acts,  rec- 
ords, and  judi(;ial  proceedings  of  every  other  State.  And  the  Congress 
may  by  general  laws  prescribe  the  manner  in  which  such  acts,  records,  and 
proceedings  shall  be  proved,  and  the  effect  thereof. 

Section  II.  Privileges  of  citizens,  etc. 

1.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges  and  im- 
munities of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other  crime, 
who  shall  flee  from  justice,  and  be  found  in  another  State,  shall,  on  demand 
of  the  executive  authority  of  the  State  from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  State  having  jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the  laws  thereof, 
escajring  into  another,  shall,  in  consequence  of  any  law  or  regulation  therein, 
be  discharged  from,  such  service  or  labor,  but  shall  be  delivered  up  on  claim  of 
the  party  to  whom  such  service  or  labor  may  be  due.  ^ 

Section  III .  New  States  ami  Territories 

1.  New  States  maj'  be  admitted  by  the  Congress  into  this  Union;  but 
no  new  State  shall  be  formed  or  erected  within  the  jurisdiction  of  any 
other  State;  nor  any  State  be  formed  by  the  junction  of  two  or  more  States 
or  parts  of  States,  without  the  consent  of  the  legislatures  of  the  States 
concerned  as  well  as  of  the  Congress. 

1  Part  in  italics  is  no  longer  in  effect  because  of  Amendment  XIII. 


CONSTITUTION  OF  THE  UNITED  STATES    233 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  proy)erty  belonging 
to  the  United  States;  and  nothing  in  this  constitution  shall  be  so  construed 
as  to  prejudice  any  claims  of  the  United  States  or  of  any  particular  State. 

Section  IV.  Guarantees  to  the  States 

The  United  States  shall  guar;vnt«c  to  every  State  in  this  Union  a  repub- 
lican form  of  government,  and  shall  protect  each  of  them  against  invasion, 
and  on  application  of  the  legislature,  or  of  the  Executive  (when  the  legis- 
lature cannot  be  convened),  against  domestic  violence. 

Article  V.  Power  of  Amendment 

The  Congress,  whenever  two  thirds  of  both  houses  shall  deem  it  nee" 
essary,  shall  propose  amendments  to  this  constitution,  or,  on  the  applica- 
tion of  the  legislatures  of  two  thirds  of  the  several  States,  shall  call  a  con- 
vention for  proposing  amendments,  which  in  either  case  shall  be  valid 
to  all  intents  and  purposes  as  part  of  this  constitution,  when  ratified  by 
the  legislatures  of  three  fourths  of  the  several  States,  or  by  conventions 
in  three  fourths  thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  Congress;  provided  that  no  amendment  tvhich  may  he 
made  prior  to  the  year  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth  section  of  the  first 
article;  and^  that  no  State,  without  its  consent,  shall  be  deprived  of  its 
equal  suffrage  in  the  Senate. 

Article  VI.  Miscellaneous  Provisions 

1.  All  debts  contracted  and  engagements  entered  into,  before  the  adop- 
tion of  this  constitution,  shall  be  as  valid  against  the  United  States  under 
this  constitution  as  under  the  Confederation. 

2.  This  constitution,  and  the  laws  of  the  United  States  which  shall  be 
made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the 
land;  and  the  judges  in  every  State  shall  be  bound  thereby,  anything  in  the 
constitution  or  laws  of  any  State  to  the  contrary  notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and  the  mem- 
bers of  the  several  State  legislatures,  and  all  executive  and  judicial  officers 
both  of  the  United  States  and  of  the  several  States,  shall  be  bound  by  oath 
or  affirmation  to  support  this  constitution;  but  no  religious  test  shall  ever 
be  required  as  a  qualification  to  any  office  or  pubUc  trust  under  the  United 
States. 


1  Part  in  italics  is  no  longer  in  effect. 


234    GO\KRXMENT  AND  POLITICS  IN  VIRGINIA 

Article  \'II.  1^\tification  of  the  Constitution 

The  ratification  of  the  conventions  of  nine  States  shall  be  sufficient  for 
the  establishment  of  this  constitution  between  the  States  so  ratifying  the 
same. 

Done  in  convention  by  the  unanimous  consent  of  the  States  present,  the 
seventeenth  day  of  September,  in  the  year  of  our  Lord,  one  thousand 
seven  hundred  and  eighty-seven,  and  of  the  Independence  of  the 
United  States  of  America  the  twelfth.  In  witness  whereof,  we  have 
hereunto  subscribed  our  names. 

George  Washington, 
President,  and  Deputy  from  Virginia. 
New  Hampshire — John  Langdon,  Nicholas  Oilman. 
Massachusetts — Nathaniel  Gorham,  Rufus  King. 
Connecticut — William  Samuel  Johnson,  Roger  Sherman. 
New  York — Alexander  Hamilton. 
New  Jersey — William    Livingston,    David    Brearley,    William    Paterson, 

Jonathan  Dayton. 
Pennsylvania — Benjamin    Franklin,    Thomas    Mifflin,    Robert    Morris, 
George  Clymer,  Thomas  Fitzsimons,  Jared  Ingersoll,  James  Wilson, 
Gouvcrneur  Morris. 
Delaware — George  Read,  Gunning  Bedford,  Jr.,  John  Dickinson,  Richard 

Bassett,  Jacob  Broom. 
Maryland — James  McHenry,  Daniel  of  St.  Thomas  Jenifer,  Daniel  Car- 
roll. 
Virginia — John  Blair,  James  Madison,  Jr. 

North  Carolina — William  Blount,  Richard  Dobbs  Spaight,  Hugh  William- 
son. 
South  Carolina — John  Rutledge,  Charles  Cotesworth  Pinckney,  Charles 

Pinckney,  Pierce  Butler. 
Georgia — William  Few,  Abraham  Baldwin. 

Attest:  William  Jackson,  Secretary. 

AMENDxMENTS^ 

Article  I 

Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of  speech 
or  of  the  press;  or  the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a  redress  of  grievances. 

1  The  first  ten  amend mentB  were  proposed  by  Congress,  September  25, 1789,  and  declared 
in  force  December  15,  17'Jl. 


CONSTITUTION  OF  THE  UNITED  STATES    235 

Article  II 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free  State, 
the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 

Article  III 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  without 
the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to  be  pre- 
scribed by  law. 

Article  IV 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures  shall  not  be  vio- 
lated, and  no  warrants  shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

Article-  V 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger;  nor  shall  any  person  be  subject 
for  the  same  offense  to  be  twice  put  in  jeopardy  of  life  or  limb;  nor  shall 
be  compelled  in  any  criminal  case  to  be  a  witness  against  himself,  nor  be 
deprived  of  life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensation. 

Article  VI 

In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to  a  speedy 
and. public  trial,  by  an  impartial  jury  of  the  State  and  district  wherein  the 
crime  shall  have  been  committed,  which  district  shall  have  been  previously 
ascertained  by  law,  and  to  be  informed  of  the  nature  and  cause  of  the  accu- 
sation; to  be  confronted  with  the  witnesses  against  him;  to  have  compul- 
sory- process  for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance 
of  counsel  for  his  defense. 

Article  VII 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact 
tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court  of  the  United 
Sta^^es,  than  according  to  the  rules  of  the  common  law. 


236    GOVERNMF.XT  AND  POLITICS  IN  VIRGINIA 

Article  VIII 

Excessive  bail  shall  not  he  rec|iiire(l,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

Article  IX 

The  enumeration  in  the  constitution  of  certian  rights  shall  not  be  con- 
strued to  deny  or  disparage  others  retained  by  the  people. 

Article  X 

The  powers  not  delegated  to  the  United  States  by  the  constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States  respectively  or 
to  the  people. 

Article  XI ' 

The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the 
United  States  by  citizens  of  another  State,  or  by  citizens  or  subjects  of 
any  foreign  state. 

Article  XII  ^ 

1.  The  electors  shall  meet  in  their  respective  States  and  vote  by  ballot 
for  President  and  Vice-President,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  the  same  State  with  themselves;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinc^t  ballots  the  person 
voted  for  as  Vice-President,  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  President  and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each;  which  lists  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  government  of  the  United  States,  directed  to 
the  President  of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates and  the  votes  shall  then  be  counted.  The  person  having  the  greatest 
number  of  votes  for  President  shall  be  the  President,  if  such  numi)er  be  a 
majority  of  the  whole  number  of  electors  appointed;  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the  highest  numbers  not  ex- 
ceeding three  on  the  list  of  those  voted  for  as  President,  the  House  of  Rep- 
resentatives shall  choose  immediately,  by  ballot,  the  President.  But  in 
choosing  the  President  the  votes  shall  be  taken  by  States,  the  representa- 
tion from  each  State  having  one  vote;  a  quorum  for  this  purpose  shall  con- 
sist of  a  member  or  members  from  two  thirds  of  the  States,  and  a  majority 


1  Proposed  by  Congress  March  5,  1794,  and  declared  in  force  January  8,  1798. 

2  Proposed  by  Congress  December  12,  1803,  and  declared  in  force  September  -5,  1804. 


CONSTITUTION  OF  THE  UNITED  STATES    237 

of  all  the  States  shall  be  necessary  to  a  choice.  And  if  the  House  of  Rep- 
resentatives shall  not  choose  a  President  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next  following,  then 
the  Vice-President  shall  act  as  President,  as  in  the  case  of  the  death  or 
other  constitutional  disability  of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  as  Vice-President 
shall  be  the  Vice-President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list  the  Senate  shall  choose  the  Vice-Presi- 
dent; a  quorum  for  the. purpose  shall  consist  of  two  thirds  of  the  whole 
number  of  Senators,  and  a  majority  of  the  whole  number  shall  be  neces- 
sary to  a  choice. 

3.  But  no  person  constitutionally  ineligible  to  the  office  of  President 
shall  be  eligible  to  that  of  Vice-President  of  the  United  States. 

Article  XIII  ^ 

1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punishment 
for  crime  whereof  the  party  shall  have  been  duly  convicted,  shall  e.xist 
within  the  United  States  or  any  place  subject  to  their  jurisdiction. 

2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 

Article  XIV  ^ 

1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to 
the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  No  State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the  United  States;  nor 
shall  any  State  deprive  any  person  of  life,  liberty,  or  property,  without 
due  process  of  law;  nor  deny  to  any  person  within  its  jurisdiction  the  equal 
protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several  States  ac- 
cording to  their  respective  numbers,  counting  the  whole  number  of  persons 
in  eac}\  State,  excluding  Indians  not  taxed.  But  when  the  right  to  vote 
at  any  election  for  the  choice  of  electors  for  President  and  Vice-President 
of  the  United  States,  Representatives  in  Congress,  the  e.xecutive  and  ju- 
dicial officers  of  a  State,  or  the  members  of  the  legislature  thereof,  is  denied 
to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one  j'ears  of 
age,  and  citizens  of  the  United  States,  or  in  any  way  abridged,  except  for 
participation  in  rebellion,  or  other  crime,  the  basis  of  representation  therein 
shall  be  reduced  in  the  proportion  which  the  number  of  such  male  citizens 

1  Proposed  by  Congress  February  1,  1865,  and  declared  in  force  December  18,  1865. 

2  Proposed  by  Congress  June  16,  1866,  and  declared  in  force  July  28,  1868. 


238    GOVERN i\I EXT  AND  POLITICS  IN   \IRGINIA 

sliall  bear  to  the  whole  number  of  male  citizens  twenty-one  years  of  age 
in  such  State. 

3.  No  person  shall  be  a  Senator  or  Roprosontative  in  Conpress,  or  elector 
of  President  and  Vice-President,  or  hold  any  office,  civil  or  military,  under 
the  United  States  or  under  any  State,  who,  havinp;  previously  taken  an 
oath  as  a  member  of  Congress,  or  as  an  officer  of  the  United  States,  or  as 
a  member  of  any  State  legislature,  or  as  an  executive  or  judicial  officer  of 
any  State,  to  support  the  constitution  of  the  ITnited  States,  shall  have  en- 
gaged in  insurrection  or  rebellion  against  the  same,  or  given  aid  ot*  comfort 
to  the  enemies  thereof.  But  Congress  may,  by  a  vote  of  two  thirds  of 
each  house,  remove  such  disability. 

4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for 
services  in  siijiyiressing  insurrection  or  rebellion,  shall  not  be  questioned. 
But  neither  the  I'nited  States  nor  any  State  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  insurrection  or  rebellion  against  the  United 
States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave;  but  all  such 
debts,  ol)ligations,  and  claims  shall  I)e  held  illegal  and  void. 

5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
the  provisions  of  this  article. 

Article  XV  ^ 

1.  The  right  of  citizens  of  the  Ignited  States  to  vote  shall  not  be  denied 
or  abridged  bj'  the  United  States  or  by  any  State  on  account  of  race,  color, 
or  previous  condition  of  servitude. 

2.  The  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 

Article  XVI  - 

The  Congress  shall  have  power  to  lay  and  collect  taxes  on  incomes, 
from  whatever  source  derived,  without  apportionment  among  the  several 
States,  and  without  regard  to  any  census  or  enumeration. 

Article  XVII'^ 

1.  The  Senate  of  the  United  States  shall  be  composed  of  two  Senators 
from  each  State,  elected  by  the  i)eople  thereof,  for  six  years;  and  each  Sen- 
ator shall  have  one  vote.  The  electors  in  each  State  shall  have  the  quali- 
fications requisite  for  electors  of  the  most  numerous  branch  of  the  State 
legislatures. 

1  Proposed  by  ConRress  February  20,  ISOO,  and  declared  in  foree  March  .30,  1870. 

2  Proposed  by  Congress  July  12,  1009,  and  deelarcd  in  for<'e  February  2.5,  1913. 

3  Proposed  by  Congress  June  12,  1912,  and  declared  in  force  April  8,  1913. 


CONSTITUTION  OF  THE  UNITED  STATES    239 

2.  When  vacancies  happen  in  the  representation  of  any  State  in  the 
Senate,  the  executiv^e  authority  of  such  State  shall  issue  writs  of  election 
to  fill  such  vacancies:  Provided,  That  the  legislature  of  any  State  may 
empower  the  executive  thereof  to  make  temporary  appointments  until  the 
people  fill  the  vacancies  by  election  as  the  legislature  may  direct. 

3.  This  amendment  shall  not  be  so  construed  as  to  affect  the  election  or 
term  of  any  Senator  chosen  before  it  becomes  valid  as  part  of  the  Consti- 
tution. 

Article  XVIII  ^ 

1.  After  one  j'^ear  from  the  ratification  of  this  article  the  manufacture, 
sale  or  transportation  of  intoxicating  liquors  within,  the  importation 
thereof  into,  or  the  exportation  thereof  from  the  United  States  and  all 
territories  subject  to  the  jurisdiction  thereof  for  beverage  purposes  is 
hereby  prohibited. 

2.  The  Congress  and  the  several  States  shall  have  concurrent  power  to 
enforce  this  article  by  appropriate  legislation. 

Article  XIX" 

1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied 
or  abridged  by  the  United  States  or  by  any  State  on  account  of  sex. 

2.  Congress  shall  have  power,  by  appropriate  legislation,  to  enforce  the 
provisions  of  this  article. 

1  Proposed  by  Congress  December  18,  1917,  and  declared  in  force  January  29, 1919,  and  in 
effect  from  January  16.  1920. 

2  Proposed  by  Congress  June  4,  1919,  and  declared  in  force  August  26,  1920. 


APPENDIX 
THE  COXSTITrTIOX  OF  VIRGINIA.  ^ 

Wherkas,  pursuant  to  an  act  of  the  Goneral  Assembly  of  Virginia,  ap- 
proved March  the  fifth,  in  the  year  of  our  Lord  nineteen  liundred,  the 
question,  "shall  there  be  a  convention  to  revise  the  Constitution  and  amend 
the  same?"  was  submitted  to  the  electors  of  the  State  of  Vir{j;inia,  qualifietl 
to  vote  for  meml)ers  of  the  General  Asseml)ly,  at  an  election  held  throufih- 
out  the  State  on  the  fourth  Thursday  in  May,  in  the  year  nineteen  hun- 
dred, at  which  election  a  majority  of  the  electors  so  qualified  voting  at 
said  election  did  decide  in  favor  of  a  convention  for  such  purpose;  and, 

Whp:ki;as,  the  General  Assen)bly  at  its  next  session  did  |)rovide  by 
law  for  the  election  of  delegates  to  such  convention,  in  pursuance  whereof 
the  members  of  this  convention  w^ere  elected  by  the  good  people  of  Vir- 
ginia, to  meet  in  convention  for  such  purpose; 

We.  therefore,  the  people  of  Virginia,  so  assembled  in  Convention 
through  our  representatives,  with  gratitude  to  God  for  His  past  favors, 
and  invoking  His  blessings  upon  the  result  of  our  deliberations,  do  ordain 
and  establish  the  following  revised  and  amended  Constitution  for  the  gov- 
ernment of  the  Commonwealth. 

Article  I.  Bill  of  Rights 

A  DECLARATION  OF  RIGHTS,  made  bij  the  representatives  of  the  good 
people  of  Virginia  assembled  in  full  and  free  convention,  which  rights  do 
pertain  to  them  and  their  posterity,  as  the  basis  and  foundation  of  govern- 
ment. 

Equality  and  rights  of  men 

Section  1.  That  all  men  are  by  nature  equally  free  and  independent 
and  have  certain  inherent  rights,  of  which,  when  they  enter  into  a  state 
of  society,  they  cannot,  i)y  any  compact,  dei)riv(!  or  divest  their  posterity; 
namely,  the  enjoyment  of  life  and  liberty,  with  the  means  of  acquiring 
and  possessing  property,  and  pursuing  and  obtaining  happiness  and  safety. 

People  the  source  of  power 

Sec.  2.  That  all  power  is  vested  in,  and  consequently  derived  from,  the 
people;  that  magistrates  are  their  trustees  and  servants,  and  at  all  times 
amenable  to  them. 


1  This  Constitution  was  framed  by  a  convention  whifh  assembled  in  Rielimond,.June  12, 
1901,  and  .adjourned  June  2ti.  IDOL'.  It  was  proelainu'd  by  the  convention  .June  0,  1902,  and 
went  into  effect  on  July  10,  1902.    Amendments  since  1902  arcindicated  by  foot-notes. 

240 


CONSTITUTION  OF  VIRGINIA  241 

Government  instituted  for  common  benefit 

Sec.  3.  That  government  is,  or  ought  to  be,  instituted  for  the  common 
benefit,  protection  and  security  of  the  people,  nation  or  community;  of 
all  the  various  modes  and  forms  of  government,  that  is  best,  which  is  capa- 
ble of  producing  the  greatest  degree  of  happiness  and  safety,  and  is  most 
effectually  secured  against  the  danger  of  maladministration;  and,  whenever 
any  government  shall  be  found  inadequate  or  contrary  to  these  purposes, 
a  majority  of  the  community  hath  an  indubitable,  inalienable,  and  inde- 
feasable  right  to  reform,  alter  or  abolish  it,  in  such  manner  as  shall  be 
judged  most  conducive  to  the  public  weal. 

No  man  entitled  to  exclrisive  emoluments  or  privileges;  offices 
not  to  be  hereditary 

Sec.  4.  That  no  man,  or  set  of  men,  is  entitled  to  exclusive  or  separate 
emoluments  or  privileges  from  the  community,  but  in  consideration  of 
public  services;  which  not  being  descendible,  neither  ought  the  offices  of 
magistrate,  legislator  or  judge  to  be  hereditary. 

Legislative,  executive  and  judicial  departments  of  States  should 
he  separate;  elections  should  be  periodical 

Sec.  5.  That  the  legislative,  executive,  and  judicial  departments  of  the 
State  should  be  separate  and  distinct;  and  that  the  members  thereof  may 
be  restrained  from  oppression,  by  feeling  and  participating  the  burthens 
of  the  people,  they  should,  at  fixed  periods,  be  reduced  to  a  private  station, 
return  into  that  body  from  which  they  were  originally  taken,  and  the  va- 
cancies be  supplied  by  regular  elections,  in  which  all  or  any  part  of  the  form- 
er members  shall  be  again  eligible,  or  ineligible,  as  the  laws  may  direct.' 

Elections  to  be  free 

Sec.  6.  That  all  elections  ought  to  be  free;  and  that  all  men,  having  suffi- 
cient evidence  of  permanent  common  interest  with,  and  attachment  to, 
the  communit}^,  have  the  right  of  suffrage,  and  cannot  be  taxed,  or  de- 
prived of,  or  damaged  in,  their  property  for  public  uses,  without  their 
own  consent,  or  that  of  their  representatives  duly  elected,  or  bound  by 
any  law  to  which  they  have  not,  in  like  manner,  assented  for  the  public 
good. 

Laws  should  not  be  suspended 

Sec.  7.  That  all  power  of  suspending  laws,  or  the  execution  of  laws,  by 
any  authority,  without  consent  of  the  representatives  of  the  people,  is 
injujious  to  tjaeir  rights,  and  ought  not  to  be  exercised. 


242    GOVERNMENT  AND  POLITICS  IX  VIRGINIA 

Concerning  criminal  prosecutions  generally 

Sec.  8.  That  no  man  shall  he  deprived  of  his»hfe,  or  hberty,  except  by 
the  law  of  the  land,  or  the  judgmcMit  of  his  peers;  nor  shall  any  man  be 
comppllod  in  any  criminal  jiroccodinfi  to  give  evidence  against  himself, 
nor  be  put  twice  in  jcopunlv  for  the  same  offence,  but  an  appeal  may  be 
allowed  to  the  Commonwealtli  in  all  prosecutions  for  the  violation  of  a  law 
relating  to  the  State  revenue. 

That  in  all  criminal  prosecutions  a  man  hath  a  right  to  demand  the  cause 
and  nature  of  his  accusation,  to  be  confronted  with  the  accusers  and  wit- 
nesses, to  call  for  evidence  in  his  fa\^)r,  and  to  a  speedy  trial  by  an  impar- 
tial jury  of  his  vicinage,  without  whose  unanimous  consent  he  cannot  be 
found  guilty;  provided,  however,  that  in  any  criminal  case,  upon  a  plea 
of  guilty,  tendered  in  jjerson  by  the  accused,  and  with  the  consent  of  the 
attorney  for  the  Commonwealth,  entered  of  record,  the  court  shall,  and 
in  a  prosecution  for  an  offence  not  punisliable  by  death,  or  confinement 
in  the  penitentiary,  upon  a  plea  of  not  guilty,  with  the  consent  of  the  ac- 
cused, given  in  person,  and  of  the  attorney  for  the  Commonwealth,  both 
entered  of  record,  the  court,  in  its  discretion,  may'hear  and  determine  the 
case,  without  the  intervention  of  a  jury;  and,  that  the  General  Assembly 
may  provide  for  the  trial  of  offences  not  punishable  by  death,  or  confine- 
ment in  the  penitentiary,  by  a  justice  of  the  peace,  without  jury,  preserv- 
ing in  all  such  cases,  the  right  of  the  accused  to  an  appeal  to  and  trial  by 
jury  in  the  circuit  or  corporation  court;  and  may  also  provide  for  juries 
consisting  of  less  than  twelve,  but  not  less  than  five,  for  the  trial  of  of- 
fences not  punishable  by  death,  or  confinement  in  the  penitentiary,  and 
may  classify  such  cases,  and  prescribe  the  number  of  jurors  for  each  class. 

Excessive  bail  or  fines  and  cruel  and  unicsual  punishments  prohibited 

Sec.  9.  That  excessive  bail  ought  not  to  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

General  warrants  of  search  or  seizure  prohibited 

Sec.  10.  That  general  warrants,  whereby  an  officer  or  messenger  may 
be  commanded  to  search  suspected  j)laces  without  evidence  of  a  fact  com- 
mitted, or  to  seize  any  person  or  persons  not  named,  or  whose  offence  is 
not  particularly  described  and  supported  by  evidence,  are  grievous  and 
oppressive,  and  ought  not  to  be  granted. 

No  person  to  be  deprived  of  property  without  due  process  of  law; 
trial  by  jury  to  be  held  sacred 

Sec.  11.  That  no  person  shall  be  deprived  of  his  property  without  due 
process  of  law;  and  in  controversies  respecting  property,  and  in  suits  be- 


CONSTITUTION  OF  VIRGINIA  243 

tween  man  and  man,  trial  by  jury  is  preferable  to  any  other,  and  oughti 
to  be  held  sacred;  but  the  General  Assembly  may  limit  the  number  of 
jurors  for  civil  cases  in  circuit  and  corporation  courts  to  not  less  than  five 
in  cases  now  cognizable  by  justices  of  the  peace,  or  to  not  less  than  seven 
in  cases  not  so  cognizable. 

Freedom  of  the  press  and  of  speech 

Sec.  12.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty,  and  can  never  be  restrained  but  l)y  despotic  governments,  and  any 
citizen  may  freely  speak,  write  and  publish  his  sentiments  on  all  subjects, 
being  responsible  for  the  abuse  of  that  right. 

Militia  the  proper  defense  of  a  free  State;  standing  armies  should  he  avoided; 
military  should  be  subordinate  to  civil  power 

Sec.  13.  That  a  well-regulated  militia,  composed  of  the  body  of  the  peo- 
ple, trained  to  arms,  is  the  proper,  natural  and  safe  defence  of  a  free  State; 
that  standing  armies,  in  time  of  peace,  should  be  avoided  as  dangerous  to 
libert}^;  and  that  in  all  cases  the  military  should  be  under  strict  subordi- 
nation to,  and  governed  by,  the  civil  power. 

Government  should  he  uniform 

Sec.  14.  That  the  people  have  a  right  to  uniform  government;  and, 
therefore,  that  no  government  separate  from,  or  independent  of,  the  gov- 
ernment of  Virginia,  ought  to  be  erected  or  established  within  the  limits 
thereof. 

Qualities  necessary  to  preservation  of  free  government 

Sec.  15.  That  no  free  government,  or  the  blessing  of  liberty,  can  be  pre- 
served to  any  people,  but  by  a  firm  adherence  to  justice,  moderation,  tem- 
perance, frugality  and  virtue,  and  by  frequent  recurrence  to  fundamental 
principles. 

Religious  freedom 

Sec.  16.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and  the 
manner  of  discharging  it,  can  be  directed  only  by  reason  and  conviction, 
not  by  force  or  violence;  and,  therefore,  all  men  are  equally  entitled  to  the 
free  exercise  of  religion,  according  to  the  dictates  of  conscience;  and  that 
it  is  the  mutual  duty  of  all  to  practifce  Christian  forbearance,  love  and  char- 
ity towards  each  other. 

Construction  of  the  Bill  of  Rights 

Sec.  17.  The  rights  enumerated  in  this  Bill  of  Rights  shall  not  be  con- 
strued to  limit  other  rights  of  the  people  not  therein  expressed. 


244    GOVKRXMEXT  AND  POLITICS  IN  VIRGINIA 

Article  II.  Elective  Franchise  and  Qualifications  for  Office 

Qualifications  of  voters 

Sec.  18.  Every  male  citizen  of  the  United  States,  twenty-one  years  of 
age,  who  has  been  a  ri'sidcnt  of  the  State  two  yours,  of  the  county,  city, 
or  town  one  year,  and  of  the  precinct  in  which  he  offers  to  vote,  thirty 
days,  next  preceding  the  election  in  which  he  offers  vote,  has  been  regis- 
tered, and  has  paid  his  State  poll  taxes,  as  hereinafter  required,  shall  be 
entitled  to  vote  for  nieinhors  of  the  General  Assembly  and  all  officers 
elective  by  the  people;  but  removal  from  one  precinct  to  anotlier,  in  the 
same  county,  city  or  town  shall  not  deprive  any  person  of  his  right  to  vote 
in  the  precinct  from  whicli  lie  has  moved,  until  the  expiration  of  thirty 
days  after  such  removal. 

Registration  of  voters;  who  are  entitled  to  register  prior  to  1.904 

Sec.  19.  There  shall  be  general  registrations  in  the  counties,  cities  and 
towns  of  the  State  during  the  years  nineteen  hundred  and  two  and  nine- 
teen himdred  and  three  at  such  times  and  in  such  nuuuuir  as  may  be  pre- 
scribed by  an  ordinance  of  this  Convention.  At  such  registrations  every 
male  citizen  of  the  United  States  having  the  qualifications  of  age  and  resi- 
dence required  in  section  Eighteen  shall  be  entitled  to  register,  if  he  be: 

First.  A  person  who,  prior  to  the  adoption  of  this  Constitution,  served 
in  time  of  war  in  the  army  or  navy  of  the  United  States,  of  the  Confeder- 
ate States,  or  of  any  State  of  the  United  States  or  of  the  Confederate 
States;  or, 

Second.  A  son  of  any  such  person;  or. 

Third.  A  person,  who  owns  property,  upon  which,  for  the  year  next  pre- 
ceding that  in  which  he  offers  to  register,  State  taxes  aggregating  at  least 
one  dollar  have  been  j):iid;  or, 

Fourth.  A  person  able  to  read  any  section  of  this  Constitution  submit- 
ted to  him  by  the  officers  of  registration  and  to  give  a  reasonable  expla- 
nation of  the  same;  or,  if  unable  to  read  such  se(!tion,  able  to  understand 
and  give  a  reasonal)le  exjjlanation  thereof  when  read  to  him  by  the  officers. 

A  roll  containing  the  names  of  all  persons  thus  registered,  sworn  to  and 
certified  by  the  officers  of  registration,  shall  be  filed,  for  record  and  preser- 
vation, in  the  clerk's  office  of  the  circuit  court  of  the  county,  or  the  clerk's 
•office  of  the  corporation  court  of  the  city,  as  the  case  may  be.  Persons 
thus  enrolled  shall  not  be  re<iuired  to  register  again,  unless  they  shall  have' 
ceased  to  be  residents  of  the  State,  or  become  disqualified  by  section  Twen- 
ty-three. Any  person  denied  registration  under  this  .section  shall  have 
the  right  of  appeal  to  the  circuit  court  of  his  county,  or  the  corporatioD 
■court  of  his  city,  or  to  the  judge  thereof  in  vacation. 


CONSTITUTION  OF  MRGINIA  245 

Who  may  register  after  1904 

Sec.  20.  After  the  first  day  of  January,  nineteen  hvuidred  and  fo'ar, 
every  male  citizen  of  the  United  States,  having  the  quahfications  of  age 
and  residence  required  in  section  PJighteen,  shall  be  entitled  to  register, 
provided : 

First.  That  he  has  personally  paid  to  the  projjer  officer  all  State  poll 
taxes  assessed  or  assessable  against  him,  under  this  or  the  former  Constitu- 
tion, for  the  three  years  next  preceding  that  in  which  he  offers  to  register; 
or,  if  he  comes  of  age  at  such  time  that  no  poll  tax  shall  have  been  assessable 
against  him  for  the  year  preceding  the  year  in  which  he  offers  to  register, 
has  paid  one  dollar  and  fifty  cents,  in  satisfaction  of  the  first  year's  poll 
tax  assessable  against  him;  and. 

Second.  That,  unless  physically  unable,  he  make  application  to  register 
in  his  own  hand-writing,  without  aid,  suggestion,  or  memorandum,  in  the 
presence  of  the  registration  officers,  stating  therein  his  name,  age,  date 
and  place  of  birth,  residence  and  occupation  at  the  time  and  for  the  two 
years  next  preceding,  and  whether  he  has  previously  voted,  and,  if  so,  the 
State,  county,  and  precinct  in  which  he  voted  last;  and. 

Third.  That  he  answer  on  oath  any  and  all  questions  affecting  his  quali- 
fications as  an  elector,  submitted  to  him  by  the  officers  of  registration, 
which  questions,  and  his  answers  thereto,  shall  be  reduced  to  writing,  cer- 
tified by  the  said  officers,  and  preserved  as  a  part  of  their  official  records. 

Conditions  for  voting 

Sec.  21.  Any  person  registered  under  either  of  the  last  two  sections,  shall 
have  the  right  to  vote  for  members  of  the  General  Assembly  and  all  offi- 
cers elective  by  the  people,  subject  to  the  following  conditions: 

That  he,  unless  exempted  by  section  Twenty-two,  shall,  as  a  prerequi- 
site to  the  right  to  vote  after  the  first  day  of  January,  nineteen  hundred 
and  four,  personally  pay,  at  least  six  months  prior  to  the  election,  all  State 
poll  taxes  assessed  or  assessable  against  him,  under  this  Constitution, 
during  the  three  years  next  preceding  that  in  which  he  offers  to  vote;  pro- 
vided that,  if  he  register  after  the  first  day  of  January,  nineteen  hundred 
and  four,  he  shall,  unless  physically  unable,  prepare  and  deposit  his  ballot 
without  aid,  on  such  printed  form  as  the  law  may  prescribe;  but  any  voter 
registered  prior  to  that  date  may  be  aided  in  the  preparation  of  his  ballot 
by  such  officer  of  election  as  he  himself  may  designate. 

Payment  of  poll  tax  by  veterans  of  Civil  War  not  prerequisite  to  their  right 
to  vote;  when  payment  of  poll  tax  enforced 

Sec.  22.  No  person  who,  during  the  late  war  between  the  States,  served 
in  the  army  or  navy  of  the  United  States,  or  the  Confederate  States,  or 


246    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

any  State  of  the  United  States,  or  of  the  Confederate  States,  shall  at  any- 
time be  required  to  pay  a  poll  tax  as  a  prerequisite  to  the  right  to  register 
or  vote.  TIk;  collcctidn  of  (he  State  poll  tax  assessed  against  any  one  shall 
not  be  enforced  by  legal  process  until  the  same  has  become  three  years 
past  due. 

Persons  excluded  frnyn  registering  and  voting 

Sec.  2.3.  The  following  jxTsons  shall  he  excluded  from  registering  and 
voting:  Idiots,  insane  persons,  and  paupers;  persons  who,  prior  to  the 
adoption  of  this  Constitution,  were  disqualified  from  voting,  by  conviction 
of  crime,  either  within  or  without  this  State,  and  whose  disal)iliti('s  shall 
not  have  been  removed;  persons  convicted  after  the  adoption  of  this  Con- 
stitution, either  within  or  without  this  State,  of  treason,  or  of  any  felony, 
bribery,  petit  larceny,  obtaining  money  or  property  under  false  pretenses, 
embezzlement,  forgery,  or  perjury;  jxTsons  who,  while  citizens  of  this  State, 
after  the  adoi)tion  of  this  Constitution,  have  fought  u  duel  with  a  deadly 
weapon,  or  sent  or  accepted  a  challenger  to  fight  such  duel,  either  within 
or  without  this  State,  or  knowingly  conveyed  a  challenge,  or  aided  or  as- 
sisted in  any  way  in  the  fighting  of  such  duel. 

Who  not  deemed  to  have  gained  legal  residence 

Sec.  24.  No  officer,  soldier,  seaman,  or  marine  of  the  United  States 
army  or  navy  shall  be  deemed  to  have  gained  a  residence  as  to  the  right 
of  suffrage,  in  the  State,  or  in  any  county,  city  or  town  thereof,  by  reason 
of  l)eing  stationed  therein;  nor  shall  an  inmate  of  any  charitable  institution 
or  a  student  in  any  institution  of  learning  be  regarded  as  having  either 
gained  or  lost  a  residence,  as  to  the  right  of  suffrage,  by  reason  of  his  loca- 
tion or  sojourn  in  such  institution. 

Directions  to  General  Assembly  in  regard  to  registration  and  transfers 

Sec.  25.  The  General  Assembl.y  shall  provide  for  the  annual  registration 
of  voters  under  section  Twenty,  for  an  ai)peal  by  any  person  denied  regis- 
tration, for  the  Correction  of  illegal  or  fraudulent  registration,  thereunder, 
and  also  for  the  proper  transfer  of  all  voters  registered  under  this  Consti- 
tution. 

Persons  qualified  to  vote  at  next  election  shall  be  admitted  to  registration 

Sec.  26.  Any  person  who,  in  respect  to  age  or  residence,  would  be  quali" 
fied  to  vote  at  the  next  election,  shall  be  admitted  to  registration,  not- 


CONSTITUTION  OF  VIRGINIA  247 

withstanding  that  at  the  time  thereof  he  is  not  so  quahfied,  and  shall  be 
entitled  to  vote  at  said  election  if  then  qualified  under  the  provisions  of 
this  Constitution. 

Method  of  voting 

Sec.  27.  All  elections  by  the  people  shall  be  by  ballot;  all  elections  by 
any  representative  body  shall  be  viva  voce  and  the  vote  recorded  in  the  jour- 
nal thereof. 

The  ballot-box  shall  be  kept  in  public  view  during:  all  elections,  and  shall 
not  be  opened,  nor  the  ballots  canvassed  or  counted,  in  secret. 

So  far  as  consistent  with  the  provisions  of  this  Constitution,  the  abso- 
lute secrecy  of  the  ballot  shall  be  maintained. 

Ballots 

Sec.  28.  The  General  Assembly  shall  provide  for  ballots  without  any 
distinguishing  mark  or  symbol,  for  use  in  all  State,^  county,  city,  and  other 
elections  by  the  people,  and  the  form  thereof  shall  be  the  same  in  all  places 
where  anj^  such  election  is  held.  All  ballots  shall  contain  the  names  of 
the  candidates,  and  of  the  offices  to  be  filled,  in  clear  print  and  in  due  and 
orderly  succession;  but  any  voter  may  erase  any  name  and  insert  another. 

Privileges  of  voters  during  elections 

Sec.  29.  No  voter,  during  the  time  of  holding  any  election  at  which  he 
is  entitled  to  vote,  shall  be  compelled  to  perform  military  service,  except 
in  time  of  war  or  public  danger;  to  attend  any  court  as  suitor,  juror,  or 
witness;  and  no  voter  shall  be  subject  to  arrest  under  any  civil  process 
during  his  attendance  at  election  or  in  going  to  or  returning  therefrom. 

General  Assembly  may  prescribe  property  qualification  for  voting 
in  county,  city  or  town  elections 

Sec.  30.  The  General  Assembly  may  prescribe  a  property  qualification 
not  exceeding  two  hundred  and  fifty  dollars  for  voters  in  any  county  or 
subdivision  thereof,  or  city  or  town,  as  a  prerequisite  for  voting  in  any 
election  for  officers,  other  than  the  members  of  the  General  Assembly,  to 
be  wholly  elected  by  the  voters  of  such  county  or  subdivision  thereof, 
or  city,  or  town;  such  action,  if  taken,  to  be  had  upon  the  initiative- of  a 
representative  in  the  General  Assembly  of  the  county,  city  or  town  aLr- 
fected;  provided,  that  the  General  Assembly  in  its  discretion  may  make 
such  exemptions  from  the  operation  of  said  property  qualification  as  shall 
not  be  in  conflict  with  the  Constitution  of  the  United  States. 


248    GOVERNMENT  AND  POLITICS  I\  VIRGINIA 

Electoral  hoa/v/.s,-  appnintmnd  and  cnmpmntion;  powers  and 
duties  of;  ivho  ineligible 

Sec.  31.  There  shall  be  in  each  county  and  city  an  electoral  board,  com- 
posed of  three  members,  appointed  by  the  circuit  court  of  the  county  or 
the  corporation  court  of  the  city,  or  the  judge  of  the  court  in  vacation. 
Of  those  first  appointed,  one  shall  be  ajjpointed  for  a  term  of  one  year, 
one  for  a  term  of  two  years,  and  one  for  a  term  of  three  years;  and  there- 
after their  successors  shall  i)e  ajjpointed  for  the  full  term  of  three  years. 
Any  vacancy  orcurriiitr;  in  any  board  shall  be  filled  i)y  the  same  authority 
for  the  unexpired  term. 

Each  electoral  board  shall  appoint  the  judges,  clerks,  and  registrars 
of  election  for  its  county  or  city;  and,  in  appointing  judges  of  election, 
representation  as  far  as  possil)I(^  shall  be  given  to  each  of  the  two  political 
parties  which,  at  .the  general  election  next  preceding  their  appointment, 
cast  the  highest  and  next  highest  number  of  votes. 

No  person,  nor  the  deputy  of  any  person,  holding  any  office  or  post  of 
profit  or  emolument,  under  the  Ignited  States  government,  or  who  is  in 
the  employment  of  such  government,  or  holding  any  elective  office  of 
profit  or  trust  in  the  State,  or  in  any  county,  city,  or  town  thereof,  shall 
be  appointed  a  member  of  the  electoral  board,  or  registrar,  or  judge  of 
election. 

Qualifications  of  officers  and  of  notaries  public 

Sec.  32. 1  Every  person  qualified  to  vote  shall  be  eligible  to  any  office 
of  the  State,  or  of  any  county,  city,  town  or  other  subdivision  of  the  State, 
wherein  he  resides,  except  as  otherwise  provided  in  this  Constitution, 
and  except  that  this  provision  as  to  residence  shall  not  ai)ply  to  any  office 
elective  by  the  pei)i)le  where  the  law  provides  otherwise;  and  except, 
further,  that  the  requirements  of  this  section  as  to  residence  and  voting 
qualifications  shall  not  apply  to  the  appointment  of  persons  to  fill  posi- 
tions under  a  municipal  government  requiring  special  technical  or  pro- 
fessional training  and  exi)erience.  Men  and  women  eighteen  years  of  age 
shall  be  eligible  to  the  office  of  notary  public  and  qualified  to  execute  the 
bonds  required  of  them  in  that  capacity. 

When  terms  of  officers  to  begin  and  end 

Sec.  33.  The  terms  of  all  officers  elected  under  this  Constitution  shall 
begin  on  the  first  day  of  February  next  succeeding  their  election,  unless 
otherwise  provided  in  this  Constitution.  All  officers,  elected  or  appointed, 
shall  continue  to  discharge  the  duties  of  their  offices  after  their  terms  of 
service  have  expired  until  their  successors  have  qualified. 

1  As  amended  by  amendment  adopted  November  2,  1920. 


CONSTITUTION  OF  \IRGINIA  249 

Oath  to  be  prescribed 

Sec.  34.  Members  of  the  General  Assembly  and  all  officers,  executive 
and  judirial,  elected  or  appointed  after  this  Constitution  goes  into  effect, 
shall,  before  they  enter  on  the  performance  of  their  public  duties,  severally 
take  and  subscribe  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of 
the  United  States,  and  the  Constitution  of  the  State  of  Virginia  ordained 
by  the  Convention  which  assembled  in  the  city  of  Richmond  on  the  twelfth 
day  of  June,  nineteen  hundred  and  one,  and  that  I  will  faithfully  and  im- 
partially discharge  and  perform  all  the  duties  incumbent  on  me  as 

,  according  to  the  best  of  my  ability;  so  help  me  God." 

Primary  elections;  who  may  vote 

Sec.  35.  No  person  shall  vote  at  any  legalized  primary  election  for  the 
nomination  of  any  candidate  for  office  unless  he  is  at  the  time  registered 
and  qualified  to  vote  at  the  next  succeeding  election. 

General  Assembly  shall  enact  laws  to  regulate  elections 

Sec.  36.  The  General  Assembly  shall  enact  such  laws  as  are  necessary 
and  proper  for  the  purpose  of  securing  the  regularity  and  purity  of  general, 
local  and  primary  elections,  and  preventing  and  punishing  any  corrupt 
practices  in  connection  therewith;  and  shall  have  power,  in  addition  to 
other  penalties  and  punishments  now  or  hereafter  prescribed  by  law  for 
such  offences,  to  provide  that  persons  convicted  of  them  shall  thereafter 
be  disqualified  from  voting  or  holding  office. 

Voting  machines 

Sec.  37.  The  General  Assembly  may  provide  for  the  use,  throughout 
the  State  or  in  any  one  or  more  counties,  cities,  or  towns,  in  any  election, 
of  machines  for  receiving,  recording,  and  counting  the  votes  cast  thereat; 
provided,  that  the  secrecy  of  the  voting  be  not  thereby  impaired. 

Duties  of  treasurers,  clerks  of  county  and  corporation  courts  and  sheriffs  in 
regard  to  making,  filing,  delivering  and  posting  list  of  paid  poll  taxes;  how 
same  corrected. 

Sec.  38.  After  the  first  day  of  January,  nineteen  hundred  and  four,  the 
treasurer  of  each  county  and  city  shall,  at  least  five  months  before  each 
regular  election,  file  with  the  clerk  of  the  circuit  court  of  his  county,  or 
of  the  corporation  court  of  his  city,  a  list  of  all  persons  in  his  county  or 
city,  who  have  paid,  not  later  than  six  tnonths  prior  to  such  election, 


250    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

the  Stale  poll  taxes  recjuired  by  this  Constitution  diiriiifi  the  throe  ycart 
next  precedinp;  that  in  which  such  election  is  held;  which  list  shall  be 
arranged  alphabetically,  by  magisterial  districts  or  wards,  shall  state 
the  white  and  colored  persons  separately,  and  shall  be  verified  by  the 
oath  of  the  treasurer.  The  clerk,  within  ten  days  from  the  receipt  of 
the  list,  shall  make  and  certify  a  sufficient  number  of  copies  thereof, 
and  shall  deliver  one  copy  for  each  votinji  place  in  his  county  or  city, 
to  the  sheriff  of  the  county  or  sergeant  of  the  city,  whose  duty  it  shall 
be  to  post  one  copy,  without  delay,  at  each  of  the  voting  j^laccs,  and,  with- 
in ten  days  from  the  receipt  thereof,  to  make  return  on  oath  to  the  clerk, 
as  to  the  places  where  and  dates  at  which  said  copies  were  respectively 
fxjsfed;  which  return  the  clerk  shall  record  in  a  l)ook  kept  in  his  office  for 
the  purpose;  and  he  shall  kt'cp  in  his  office  for  i)ublic  inspection,  for  at 
least  sixty  days  after  receiving  the  list,  not  less  than  ten  certified  copies 
thereof,  and  also  cause  the  list  to  be  published  in  such  other  manner  as 
may  be  prescribed  by  law;  the  original  list  returned  by  the  treasurer  shall 
be  filed  and  preserved  by  the  clerk  among  the  i)ul)lic  records  of  his  office 
for  at  least  five  years  after  receiving  the  same.  Within  thirty  days  after 
the  list  has  been  so  posted,  any  person  who  shall  have  paid  his  capitation 
tax,  but  whose  name  is  omitted  from  the  certified  list,  may,  after  five 
daj's'  written  notice  to  the  treasurer,  apply  to  the  circuit  court  of  his  county. 
or  corporation  court  of  his  city,  or  to  the  judge  thereof  in  vacation,  to  have 
the  same  corrected  and  his  name  entered  thereon,  which  application  the 
court  or  judge  shall  promptly  hear  and  decide. 

The  clerk  sludl  d(>liver,  or  cause  to  be  delivered,  witli  the  poll  books,  at 
a  reasonal)le  time  before  every  election,  to  one  of  the  judges  of  election 
of  each  precinct  of  his  county  or  city,  a  like  certified  copy  of  the  list,  which 
shall  be  conclusive  evidence  of  the  facts  therein  stated  for  the  purpose 
of  voting.  The  clerk  shall  also,  within  sixty  days  after  the  filing  of  the  list 
by  the  treasurer,  forward  a  certified  copy  thereof,  with  such  corrections 
as  may  have  been  made  by  order  of  the  court  or  judge,  to  the  Auditor  of 
Pul)lic  Accounts,  who  shall  charge  the  amount  of  the  poll  taxes  stated 
therein  to  such  treasurer  unless  previously  accounted  for. 

iMuther  evidence  of  the  prepayment  of  the  capitation  taxes  required 
by  this  Constitution,  as  a  prerequisite  to  the  right  to  register  and  vote, 
may  be  prescribed  by  law. 

Article  III.  Division  of  Powers 

Departments  to  be  distinct 

Sec.  39.  Except  as  hereinafter  provided,  the  legislative,  executive,  sx-'l 
judiciary  departments  shall  be  separate  and  distinct,  so  that  neither  ex::- 


CONSTITUTION  Uf  \IRGINIA  251 

cise  the  powers  properly  belonging  to  either  of  the  others,  nor  any  person 
exercise  the  power  of  more  than  one  of  them  at  the  same  time. 

Article  IV.  Legislative  Department 

General  Assembly  to  consist  of  Senate  and  House  of  Delegates 
Sec.  40.  The  legislative  power  of  the  State  shall  be  vested  in  a  General 
Assembly,  which  shall  consist  of  a  Senate  and  House  of  Delegates. 

Number  and  election  of  senators 

Sec.  41.  The  Senate  shall  consist  of  not  more  than  forty  and  not  less 
than  thirty-three  members,  who  shall  be  elected  quadrennially  by  the  voters 
of  the  several  senatorial  districts,  on  the  Tuesday  succeeding  the  first 
Monday  in  November. 

Number  and  election  of  delegates 

Sec.  42.  The  House  of  Delegates  shall  consist  of  not  more  than  one  hun- 
dred and  not  less  than  ninety  members,  who  shall  be  elected  biennially 
by  the  voters  of  the  several  house  districts,  on  the  Tuesday  succeeding  the 
first  Monday  in  November. 

Apportionment  of  State  into  senatorial  and  house  districts 
Sec.  43.  The  apportionment  of  the  State  into  senatorial  and  house  dis- 
tricts, made  by  the  acts  of  the  General  Assembly,  approved  April  the  sec- 
ond, nineteen  hundred  and  two,  is  hereby  adopted;  but  a  re-apportionment 
may  be  made  in  the  year  nineteen  hundred  and  six,  and  shall  be  made  in 
the  j-ear  nineteen  hundred  and  twelve,  and  every  tenth  year  thereafter. 

Qualifications  of  senators  and  delegates;  ivho  ineligible;  removal  from 

district  vacates  office 

Sec.  44.  Any  person  may  be  elected  senator  who,  at  the  time  of  election, 
is  actually  a  resident  of  the  senatorial  district  and  qualified  to  vote  for 
members  of  the  General  Assembly;  and  any  person  may  be  elected  a  mem- 
ber of  the  House  of  Delegates  who,  at  the  time  of  election,  is  actually  a 
resident  of  the  house  district  and  qualified  to  vote  for  members  of  the 
General  Assembly.  But  no  person  holding  a  salaried  office  under  the 
State  government,  and  no  judge  of  any  court,  attorney  for  the  Common- 
wealth, sheriff,  sergeant,  treasurer,  assessor  of  taxes,  commissioner  of  the 
revenue,  collector  of  taxes,  or  clerk  of  any  court,  shall  be  a  member  of 
either  house  of  the  General  Assembly  during  his  continuance  in  office,  and 
the  election  of  any  such  person  to  either  house  of  the  General  Assembly, 
and  his  qualification  as  a  member  thereof,  shall  vacate  any  such  office 
held  by  him;  and  no  person  holding  any  office  or  post  of  profit  or  emolu- 


252    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

nient  under  tlip  rnited  States  fiovcrmnent,  or  who  is  in  the  employment 
of  such  frovernment,  shall  be  eli^il>le  to  either  house.  The  removal  of  a 
senator  or  delegate  from  the  district  for  which  he  is  elected,  shall  vacate 
his  office. 

Salaries  of  members  of  General  Assembly  to  be  fixed  by  law;  members  not  to 
be  elected  or  appointed  to  civil  offices  of  profit  except  by  election  by  the 
people . 

Sec.  45.  The  members  of  the  General  Assembly  shall  receive  for  their 
services  a  salary  to  be  fixed  by  law  and  paid  from  the  public  treasury;  but 
no  act  increasing  such  salary  shall  take  effect  until  after  the  end  of  the 
term  for  which  the  members  voting  thereon  were  elected;  and  no  member 
during  the  term  for  which  he  shall  have  been  elected,  shall  be  appointed 
or  elected  to  any  civil  office  of  profit  in  the  State  except  offices  filled  by 
election  by  the  people. 

Time  and  duration  of  meetings  of  General  Assembly;  adjournments;  majority 
shall  be  a  quorum;  power  of  smaller  number  than  a  quorum 

Sec.  46.  The  General  Asseml)ly  shall  meet  once  in  two  years  on  the 
second  Wednesday  in  January  next  succeeding  the  election  of  the  members 
of  the  House  of  Delegates  and  not  oftener  unless  convened  in  the  manner 
prescribed  by  this  Constitution.  No  session  of  the  General  Assembly, 
after  the  first  under  this  Constitution,  shall  continue  longer  than  sixty 
days;  but  with  the  concurrence  of  three-fifths  of  the  members  elected  to 
each  house,  the  session  may  be  extended  for  a  period  not  exceeding  thirty 
days.  Except  for  the  first  session  held  under  this  Constitution,  members 
shall  be  allowed  a  salary  for  not  exceeding  sixty  days  at  any  regular  ses- 
sion, and  for  not  exceeding  thirty  days  at  any  extra  session.  Neither 
house  shall,  without  the  consent  of  the  other,  adjourn  to  another  place 
nor  for  more  than  three  days.  A  majority  of  the  nicmb(>rs  elected  to  each 
house  shall  constitute  a  quorum  to  do  business,  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  shall  have  power  to  compel  the  attendance 
of  members  in  such  manner  and  under  such  penalty  as  each  house  may  pre- 
scribe. 

Powers  of  each  house  of  General  Assembly  to  elect  its  presiding  officer,  make 
its  own  rules,  fill  vacancies,  and  judge  of  the  election  and  qualification 
of  members,  and  punish  and  expel  members 

Sec.  47.  The  House  of  Delegates  shall  choose  its  own  speaker;  and,  in 
the  ab.sence  of  the  Lieutenant-Governor,  or,  when  he  shall  exercise  the 
office  of  Governor,  the  Senate  shall  choose  from  their  own  body  a  presi- 


CONSTITUTION  OF  VIRGINIA  253 

dent  -pro  tempore.  Each  house  shall  select  its  officers,  settle  its  rules  of 
procedure,  ami  direct  writs  of  election  for  supplying  vacancies  which  may 
occur  during  the  session  of  the  General  Assembly;  but,  if  vacancies  occur 
during  the  recess,  such  writs  may  be  issued  by  the  Governor,  under  such 
regulations  as  may  be  prescril)ed  ])y  law.  Each  house  shall  judge  of  the 
election,  qualification,  and  returns  of  its  members;  may  punish  them  for 
disorderly  behaviour,  and,  with  the  concurrence  of  two-thirds,  expel  a 
member. 

Privileges  of  members  of  General  Assembly 

Sec.  48.  Members  of  the  General  Assembly  shall,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during 
the  sessions  of  their  respective  houses;  and  for  any  speech  or  debate  in 
either  house  shall  not  he  questioned  in  any  other  place.  They  shall  not 
be  subject  to  arrest,  under  any  civil  process,  during  the  sessions  of  the 
General  Assembly,  or  the  fifteen  days  next  before  the  beginning  or  after 
the  ending  of  any  session. 

Journal  of  proceedings 
Sec.  49.  Each  house  shall  keep  a  journal  of  its  proceedimgs,  which  shall 
be  published  from  time  to  time,  and  the  yeas  and  nays  of  the  members  of 
either  hou.se  on  any  question  shall,  at  the  desire  of  one-fifth  of  those  pres- 
ent, be  entered  on  the  journal. 

Enactment  of  laws;  tax  laws  shall  specifically  state  the  tax  and  require 
a  vote  of  majority  of  members 

Sec.  50.  No  law  shall  be  enacted  except  by  bill.  A  bill  may  originate 
in  either  house,  to  be  approved  or  rejected  by  the  other,  or  may  be  amended 
by  either,  with  the  concurrence  of  the  other. 

No  bill  shall  become  a  law  unless,  prior  to  its  passage,  it  has  been, 

(a)  Referred  to  a  committee  of  each  house,  considered  by  such  commit- 
tee in  session,  and  reported; 

(b)  Printed  by  the  house,  in  which  it  originated^  prior  to  its  passage 
therein; 

(c)  Read  at  length  on  three  different  calendar  days  in  each  house;  and 
unless, 

(d)  A  yea  and  nay  vote  has  been  taken  in  each  house  upon  its  final  pas- 
sage, the  names  of  the  members  voting  for  and  against  entered  on  the 
journal,  and  a  majority  of  those  voting,  which  shall  include  at  least  two- 
fifths  of  the  members  elected  to  each  house,  recorded  in  the  affirmative. 

And  only  in  the  manner  required  in  subdivision  (d)  of  this  section  shall 
an  amendment  to  a  bill  by  one  house  be  concurred  in  by  the  other,  or  a 
,:onference  report  be  adopted  by  either  house,  or  either  house  discharge 


254    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

a  committee  from  the  consideration  of  a  hill  and  consider  the  same  as 
if  reported;  provided,  that  the  printing  and  reading,  or  either,  required 
in  subdivisions  (b)  and  (c)  of  this  section,  may  be  dispensed  with  in  a  bill 
to  codify  the  laws  of  the  State,  and  in  any  case  of  emergency  by  a  vote  of 
four-fifths  of  the  members  voting  in  each  house  taken  by  the  yeas  and  nays, 
the  names  of  the  members  voting  for  and  against  entered  on  the  journal; 
and  provided  further,  that  no  bill  which  creates,  or  establishes  a  new  office, 
or  which  creates,  continues  or  revives  a  debt  or  charge,  or  makes,  continues 
or  revives  any  appropriation  of  puljlic  or  trust  money,  or  jjroperty,  or  re- 
leases, discharges  or  coninuites  any  claim  or  demand  of  the  State,  or  which 
imposes,  continues  or  revives  a  tax,  shall  be  passed  except  by  the  affirma- 
tive vote  of  a  majority  of  all  the  members  elected  to  each  house,  the  vote  to 
be  by  the  yeas  and  nays,  and  the  names  of  the  members  voting  for  and 
against  entered  on  the  journal.  Every  law  imposing,  continuing  or  reviving 
a  tax  shall  specifically  state  such  tax,  and  no  law  shall  be  construed  as  so 
stating  such  tax  which  requires  a  reference  to  any  other  law  or  any  other 
tax.  The  presiding  officer  of  each  house  shall,  in  the  presence  of  the  house 
over  which  he  presides,  sign  every  l)ill  that  has  been  passed  by  both  houses 
and  duly  enrolled.  Immediately  before  this  is  done,  all  other  business  being 
suspended,  the  title  of  the  bill  shall  be  publicly  read.  The  fact  of  signing 
shall  be  entered  on  the  journal. 

Standing  committee  on  special,  private  and  local  legislation 

Sec.  51.  There  shall  be  a  joint  committee  of  the  General  Assembly, 
consisting  of  seven  members  apj)ointed  by  the  House  of  Delegates  and  five 
meml)ers  appointed  by  the  Senate,  which  shall  be  a  standing  committee 
on  special,  private  and  local  legislation.  Before  reference  to  a  committee, 
as  provided  })V  section  Fifty,  any  special,  private,  or  local  bill  introduced 
in  either  house  shall  be  referred  to  and  considered  by  such  joint  committee 
and  returned  to  the  house  in  which  it  originated,  with  a  statement  in 
writing  whether  the  object  of  the  bill  can  be  accomi)lislied  under  general 
law  or  by  court  proceeding;  whereui)on,  the  bill,  with  the  accompanying 
statement,  shall  take  the  course  provided  by  section  Fifty.  The  joint 
committee  may  be  discharged  from  the  consideration  of  a  bill  by  the  house 
in  which  it  originated  in  the  manner  provided  in  section  Fifty  for  the  dis- 
charge of  other  connnittees. 

Imw  shall  embrace  but  one  object,  which  shall  be  expressed  in  its 
title;  how  laws  revived  or  amended 

Sec.  52.  No  law  shall  embrace  more  than  one  object,  which  shall  be  ex- 
pressed in  its  title;  nor  shall  any  law  be  revived  or  amended  with  refer- 
ence to  its  title,  but  the  act  revived  or  the  section  amended  shall  be  '•'^- 
enacted  and  published  at  length. 


CONSTITUTION  OF  VIRGINIA  255 

Time  when  laws  take  effect 

Sec.  53.  No  law,  except  a  general  appropriation  law,  shall  take  effect 
until  at  least  ninety  days  after  the  adjournment  of  the  session  of  the  Gen- 
eral Assembly  at  which  it  is  enacted,  unless  in  case  of  an  emergency  (which 
emergency  shall  be  expressed  in  the  body  of  the  bill),  the  General  Assem- 
bly shall  otherwise  direct  by  a  vote  of  four-fifths  of  the  members  voting 
in  each  house,  such  vote  to  be  taken  by  the  yeas  and  nays,  and  the  names 
of  the  members  voting  for  and  against  entered  on  the  journal. 

Impeachments;  proceeding  under;  extent  of  judgment  under; 
indictment,  etc.,  to  lie 

Sec.  54.  The  Governor,  Lieutenant-Governor,  Attorney-General,  judges, 
members  of  the  State  Corporation  Commission,  and  executive  officers  at  the 
seat  of  government,  and  all  officers  appointed  by  the  Governor  or  elected  by 
the  General  Assembly,  offending  against  the  State  by  malfeasance  in  office, 
corruption,  neglect  of  duty,  or  other  high  crime  or  misdemeanor,  may  be 
impeached  by  the  House  of  Delegates,  and  prosecuted  before  the  Senate, 
which  shall  have  the  sole  power  to  try  impeachment.  When  sitting  for 
that  purpose,  the  senators  shall  be  on  oath  or  affirmation,  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  senators 
present.  Judgment  in  case  of  impeachment  shall  not  extend  further  than 
removal  from  office  and  disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust,  or  profit  under  the  State;, but  the  person  convicted  shall 
nevertheless  be  subject  to  indictment,  trial,  judgment,  and  punishment 
according  to  law.  The  Senate  may  sit  during  the  recess  of  the  General 
Assembly  for  the  trial  of  impeachments. 

Apportionment  of  State  into  congressional  districts  by  General 

Assembly 

'Sec.  55.  The  General  Assembly  shall,  by  law,  apportion  the  State  into 
districts,  corresponding  with  the  number  of  representatives  to  which  it 
may  be  entitled  in  the  House  of  Representatives  of  the  Congress  of  the 
United  States;  which  districts  shall  be  composed  of  contiguous  and  com- 
pact territory  containing,  as  nearly  as  practicable,  an  equal  number  of 
inhabitants. 

Directions  to  General  Assembly  concerning  elections  and  declaring 

offices  vacant 

Sec.  56.  The  manner  of  conducting  and  making  returns  of  elections,  of 
determining  contested  elections,  and  of  filling  vacancies  in  office,  in  cases 


256    GOVRRNMENT  AND  POLITICS  IN  VIRGINIA 

not  siM'cially  provided  for  by  this  Constitution,  slmii  1)0  proscM-ihed  by 
law,  aiul  the  General  Assembly  may  tleelare  the  cases  in  which  any  office 
shall  be  deemed  vacant  where  no  provision  is  made  for  that  purpose  in  this 
Constitution. 

Power  of  General  Assembly  to  remove  disabilities 

Sec.  57.  The  General  Assemblj'  shall  have  power,  by  a  two-thirds  vote, 
to  remove  disabilities  incurred  imder  section  Twenty-three,  of  Article 
Two,  of  this  Constitution,  with  reference  to  dueling. 


ProhibitioJis  on  General  Assembly  as  to  suspension  of  urit  of  habeas  corpus, 
and  enactment  of  laws  referring  to  religion  and  other  laws 

Sec.  58.  The  privilege  of  the  writ  of  habeas  cotpus  shall  not  be  suspended 
unless,  when  in  cases  of  invasion  or  rebellion,  the  public  safety  may  re- 
quire. The  General  Assembly  shall  not  pass  any  bill  of  attainder,  or  any 
ex  post  fad o  law,  or  any  law  inii)airing  the  ol)ligation  of  contracts,  or  any 
law  abridging  the  freedom  of  speech  or  of  the  press.  It  shall  not  enact 
any  law  w  hereby  private  property  shall  be  taken  or  damaged  for  public 
uses,  without  just  compensation.  No  man  shall  be  compelled  to  frequent 
or  supi)ort  anv  religious  worship,  place,  or  ministry  whatsoever,  nor  shall 
be  enforced,  restrained,  molested,  or  burthened  in  his  boch'  or  goods,  nor 
shall  otherwise  suffer  on  account  of  his  religious  opinions  or  belief;  but 
all  men  shall  be  free  to  profess,  and  by  argument  to  maintain,  their  opin- 
ions in  matters  of  religion,  and  the  same  shall  in  no  wise  diminish,  enlarge, 
or  affect  their  civil  capacities.  And  the  General  .\sseml)ly  shall  not  pre- 
scribe any  religious  test  whatever,  or  conf(>r  any  peculiar  privileges  or 
advantages  on  any  sect  or  denomination,  or  pass  any  law  requiring  or 
authorizing  any  religious  society,  or  the  people  of  an}'  district  within  this 
State,  to  levy  on  themselves  or  others  any  tax  for  the  erection  or  repair 
of  any  house  of  public  worship,  or  for  the  sujiport  of  any  church  or  ministry; 
but  it  shall  be  left  free  to  every  person  to  select  his  religious  instructor,  and 
to  make  for  his  support  such  private  contract  as  he  shall  please. 

General  Assembly  shall  not  incorporate  churches  or  religious  de- 
nominations; may  secure  church  property 

Sec.  59.  The  General  Assemy)ly  shall  not  grant  a  charter  of  incorpora- 
tion to  any  church  or  religious  denomination,  but  may  secure  the  title  to 
church  property  to  an  extent  to  be  limited  by  law. 


CONSTITUTION  OF  \IRGINIA  257 

Lotteries  and  sale  of  lottery  tickets  prohibited 

Sec.  60.  No  lottery  shall  hereafter  be  authorized  by  law;  and  the  buy- 
ing, selling,  or  transferring  of  tickets  or  chances  in  anj'  lottery  shall  be 
prohibited. 

Formation  and  division  of  counties 

Sec.  61.  No  new  county  shall  be  formed  with  an  area  of  less  than  six 
hundred  square  miles;  nor  shall  the  county  or  counties  from  which  it  is 
formed  be  reduced  below  that  area;  nor  shall  any  county  be  reduced  in 
population  below  eight  thousand.  But  any  county,  the  length  of  which  is 
three  times  its  mean  breadth,  or  which  exceeds  fifty  miles  in  length,  may 
be  divided  at  the  discretion  of  the  General  Assembly. 

Power  of  General  Assembly  to  enact  liquor  laws 

Sec.  62.  The  General  Assembly  shall  have  full  power  to  enact  local 
option  or  dispen.sary  laws,  or  any  other  laws  controlling,  regulating,  or 
prohibiting  the  manufacture  or  sale  of  intoxicating  liquors. 

Poivers  which  General  Assembly  shall  confer  on  courts;  cases  in  which  General 
Assembly  shall  not  enact  special  laws 

Sec.  63.  The  General  Assembly  shall  confer  on  the  courts  power  to  grant 
divorces,  change  the  names  of  persons,  and  direct  the  sale  of  estates  be- 
longing to  infants  and  other  persons  under  legal  disabilities,  and  shall  not, 
by  special  legislation,  grant  relief  in  these  or  other  cases  of  which  the  courts 
or  other  tribunals  may  have  jurisdiction.  The  General  Assembly  may  reg- 
ulate the  exercise  by  courts  of  the  right  to  punisli  for  contempt.  The 
General  Assembly  shall  not  enact  any  local,  special,  or  private  law  in  the 
following  cases: 

1.  For  the  punishment  of  crime. 

2.  Providing  a  change  of  venue  in  civil  or  criminal  cases. 

3.  Regulating  the  practice  in,  or  the  jurisdiction  of,  or  changing  the 
rules  of  evidence  in  any  judicial  proceedings  or  inquiry  before  the  courts 
or  other  tribunals,  or  providing  or  changing  the  methods  of  collecting 
debts  or  enforcing  judgments,  or  prescribing  the  effect  of  judicial  sales 
of  real  estate. 

4.  Changing  or  locating  county  seats. 

5.  For  the  assessment  and  collection  of  taxes,  except  as  to  animals 
which  the  General  Assembly  may  deem  dangerous  to  the  farming  interests. 

6.  Extending  the  time  for  the  assessment  or  collection  of  taxes. 

7.  Exempting  property  from  taxation. 


258    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

8.  Remitting,  reloiiaing,  postponing,  or  diinini.shinp;  any  obligation  or 
liahility  of  any  person,  corporation,  or  asssociation,  to  the  State  or  to  any 
political  sulHJivision  thereof. 

9.  Refunding  money  lawfully  paid  into  the  treasury  of  the  State  or  the 
treasury  of  any  political  subdivision  thereof. 

10.  Granting  from  the  treasury  of  the  State,  or  granting  or  authorizing 
to  be  granted  from  the  treasury  of  any  political  subdivision  thereof,  any 
extra  compensation  to  any  public  officer,  servant,  agent,  or  contractor. 

11.  For  conducting  elections  or  designating  the  jilaces  of  voting. 

12.  Regulating  labor,  trade,  mining  or  manufacturing,  or  the  rate  of 
interest  on  money. 

13.  Granting  any  pension  or  pensions. 

14.  Creating,  increasing,  or  decreasing,  or  authorizing  to  be  created, 
increased,  or  decreased,  the  salaries,  fees,  percentages,  or  allowances  of 
public  officers  during  the  term  for  which  they  are  elected  or  appointed. 

15.  Declaring  streams  navigable,  or  authorizing  the  construction  of 
booms  or  dams  therein,  or  the  removal  of  obstructions  therefrom. 

It).  Affecting  or  regulating  fencing  or  the  boundaries  of  land,  or  the  run- 
ning at  large  of  stock. 

17.  Creating  private  corporations,  or  amending,  renewing,  or  extending 
the  charters  thereof. 

18.  Granting  to  any  private  corporation,  association,  or  individual  any 
special  or  exclusive  right,  privilege  or  immunity. 

19.  Naming  or  changing  the  name  of  any  private  corporation  or  asso- 
ciation. 

20.  Remitting  the  forfeiture  of  the  charter  of  any  private  corporation 
except  upon  the  condition  that  such  corporation  shall  thereafter  hold  its 
charter  subject  to  the  provisions  of  this  Constitution  and  the  laws  passed 
in  pursuance  thereof. 

General  Assetnbly  shall  enact  general  laws  in  cases  mentioned  in  preceding 
section,  and  wherever  general  laws  u-ill  apply;  amendment  or  partial  repeal 
of  general  law  shall  not  enact  special  law;  restrictions  as  to  laws 

Sec.  64.  In  all  the  cases  enumerated  in  the  last  section,  and  in  every 
other  case  which,  in  its  judgment,  may  l)e  provided  for  by  general  laws, 
the  General  Assembly  shall  enact  general  laws.  Any  general  laws  shall 
be  subject  to  amendment  or  rei)eal,  but  the  amendment  or  partial  repeal 
thereof  shall  not  operate  directly  or  indirectly  to  enact,  and  shall  not  have 
the  effect  of  the  enactment  of  a  special,  jirivate,  or  local  law. 

No  general  or  special  law  shall  surrender  or  suspend  the  right  and  power 
of  the  State,  or  any  political  subdivision  thereof,  to  tax  corporations  and 


CONSTITUTION  OF  VIRGINIA  259 

corporate  property,  except  as  authorized  by  Article  Thirteen.  No  pri- 
vate corporation,  association,  or  individual  shall  be  specially  exempted 
from  the  operation  of  any  general  law,  nor  shall  its  operation  be  suspended 
for  the  benefit  of  any  private  corporation,  association,  or  individual. 


Powers  of  local  and  special  legislation  may  he  conferred  by  General  Assembly, 
by  general  law,  on  supervisors  and  councils 

Sec.  65.  The  General  Assembly  may,  by  general  laws,  confer  upon  the 
boards  of  supervisors  of  counties,  and  the  councils  of  cities  and  towns,  such 
powers  of  local  and  special  legislation,  as  it  may  from  time  to  time  deem 
expedient,  not  inconsistent  with  the  limitations  contained  in  this  Consti- 
tution. 


Clerk  of  House  of  Delegates  to  be  Keeper  of  the  Rolls,  without  compensation; 
General  Assembly  shall  prescribe  number  and  compensation  of  its  clerks 
and  employees 

Sec.  66.  The  Clerk  of  the  House  of  Delegates  shall  be  Keeper  of  the 
Rolls  of  the  State,  but  shall  receive  no  compensation  from  the  State  for 
his  services  as  such. 

The  General  Assembly  by  general  law  shall  prescribe  the  number  of 
employees  of  the  Senate  and  House  of  Delegates,  including  the  clerks 
thereof,  and  shall  fix  their  compensation  at  a  per  diem,  for  the  time  ac- 
tually emploj-ed  in  the  discharge  of  their  duties. 


Limitations  on  appropriations  by  General  Assembly  to  charitable 
and  other  institutions;  exceptions 

Sec.  67.  The  General  Assembly  shall  not  make  any  appropriation  of 
public  funds,  of  personal  property,  or  of  any  real  estate,  to  any  church, 
or  sectarian  society,  association,  or  institution  of  any  kind  whatever, 
which  is  entirely  or  partly,  directly  or  indirectly,  controlled  by  any  church 
or  sectarian  society;  nor  shall  the  General  Assembly  make  any  like  appro- 
priation to  any  charitable  institution,  which  is  not  owned  or  controlled 
by  the  State;  except  that  it  may,  in  its  discretion,  make  appropriations 
to  non-sectarian  institutions  for  the  reform  of  youthful  criminals;  but 
nothing  herein  contained  shall  prohibit  the  General  Assembly  from  auth- 
orizing counties,  cities,  or  towns  to  make  such  appropriations  to  any  chari- 
table institution  or  association. 


260  go\i:rnmp:nt  and  politics  l\  \ irginia 

Auditing  Committee,  appointment  and  constitution;  powers  and  duties 

Sec.  6S.  The  General  Assembly  shall,  at  each  regular  session,  appoint 
a  standing  coniniittee,  consisting  of  two  mcnihers  of  the  Senate  and  three 
members  of  the  House  of  Delegates,  which  shall  be  known  as  the  Auiliting 
Committee.  Such  committee  .shall  annually,  or  oftener  in  its  discretion, 
examine  the  books  and  accounts  of  the  First  Auditor,  the  State  Treasurer, 
the  Secretary  of  the  Commonwealth,  and  other  executive  officers  at  the 
.seat  of  government  whose  duties  i)ertain  to  auditing  or  accounting  for  the 
State  revenue,  report  the  result  of  its  investigations  to  the  Governor,  and 
cause  the  same  to  be  published  in  two  newspapers  of  general  circulation 
in  the  State.  The  Governor  shall,  at  the  begiiuiing  of  each  session,  sub- 
mit said  reports  to  the  General  Assembly  for  appropriate  action.  The 
committee  may  sit  during  the  recess  of  the  General  Assembly,  receive  such 
compensation  as  may  be  prescribed  by  law,  and  employ  one  or  more  ac- 
countants to  assist  in  its  investigations. 

Article  V.  Executive  Dep.\rtment 

Governor,  term  of  office 

Sec.  69.  The  chief  executive  power  of  the  State  shall  be  vested  in  a 
■Governor.  He  shall  hold  office  for  a  term  of  four  years,  to  commence 
on  the  first  day  of  February  next  succeeding  his  election,  and  be  ineligible 
to  the  same  office  for  the  term  next  succeeding  that  for  which  he  was 
elected,  and  to  any  other  office  during  his  term  of  service. 

How  and  when  elected;  how  result  ascertained;  how  tie  or  contested 

elections  decided 

Sec.  70.  The  Governor  shall  l)e  elected  by  the  qualified  voters  of  the 
State  at  the  time  and  place  of  choosing  members  of  the  General  Assembly. 
Returns  of  the  election  shall  be  transmitted,  under  seal,  by  the  proper 
officers,  to  the  Secretary  of  the  Commonwealth,  who  shall  deliver  them  to 
th(>  S])eak('r  of  the  House  of  Delegates  on  the  first  day  of  the  next  session 
of  the  General  Assembly.  The  Speaker  of  the  House  of  Delegates  shall, 
within  one  week  thereafter,  in  the  presence  of  a  majority  of  the  Senate  and 
of  the  House  of  Delegates,  open  the  returns,  and  the  votes  shall  then  be 
counted.  The  person  having  tli(>  highest  number  of  votes  .shall  be  declared 
elected;  but  if  two  or  more  shall  have  the  highest  and  an  equal  number 
of  votes,  one  of  them  shall  be  chosen  Governor  by  the  joint  vote  of  the 
two  houses  of  the  General  Assembly.  Contested  elections  for  Gover- 
nor shall  be  decided  liy  a  like  vote,  and  the  mode  of  proceeding  in  such  c"«es 
shall  be  prescribed  by  law. 


CONSTITUTION  OF  VIRGINIA  261 

Qualifications  of  Governor 

Sec.  71.  No  person  except  a  citizen  of  the  United  States  shall  be  eligible 
to  the  office  of  Governor;  and  if  such  person  be  of  foreign  birth,  he  must 
have  been  a  citizen  of  the  United  States  for  ten  years  next  preceding  his 
election;  nor  shall  any  person  be  eligible  to  that  office  unless  he  shall  have 
attained  the  age  of  thirty  years,  and  have  been  a  resident  of  the  State  for 
five  3'ears  next  preceding  his  election. 

His  -place  of  residence  and  salary 

Sec.  72.  The  Governor  shall  reside  at  the  seat  of  government;  shall 
receive  five  thousand  dollars  for  each  year  of  his  service,  and  while  in 
office  shall  receive  no  other  emolument  from  this  or  any  other  government. 

Duties  and  powers  of  Governor 

Sec.  73.  The  Governor  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted; communicate  to  the  General  Assembly,  at  every  session,  the  con- 
dition of  the  State;  recommend  to  its  consideration  such  measures  as  he 
may  deem  expedient,  and  convene  the  General  Assembly  on  application 
of  two-thirds  of  the  members  of  both  houses  thereof,  or  when,  m  his 
opinion,  the  interest  of  the  State  may  require.  He  shall  be  commander- 
in-chief  of  the  land  and  naval  forces  of  the  State;  have  power  to  embody 
the  militia  to  repel  invasion,  suppress  insurrection  and  enforce  the  execu- 
tion of  the  laws;  conduct,  either  in  person  or  in  such  manner  as  shall  be 
prescribed  by  law,  all  intercourse  with  other  and  foreign  States;  and, 
during  the  recess  of  the  General  Assembly,  shall  have  power  to  suspend 
from  office  for  misbehavior,  incapacity,  neglect  of  official  duty,  or  acts 
performed  without  due  authority  of  law,  all  executive  officers  at  the  seat 
of  the  government  except  the  Lieutenant-Governor;  but,  in  any  case  in 
which  this  power  is  so  exercised,  the  Governor  shall  report  to  the  General 
Assembly,  at  the  beginning  of  the  next  session  thereof,  the  fact  of  such 
suspension  and  the  cause  therefor,  whereupon  the  General  Assembly  shall 
determine  whether  such  officer  shall  be  restored  or  finally  removed;  and 
the  Governor  shall  have  power,  during  the  recess  of  the  General  Assembly, 
to  appoint,  pro  tempore,  successors  to  all  officers  so  suspended,  and  to  fill, 
pro  tempore,  vacancies  in  all  offices  of  the  State,  for  the  filling  of  which  the 
Constitution  and  laws  make  no  other  provision;  but  his  appointments 
to  such  vacancies  shall  be  by  commission,  to  expire  at  the  end  of  thirty 
days  after  the  commencement  of  the  next  session  of  the  General  Assem- 
bly. He  shall  have  power  to  remit  fines  and  penalties  in  such  cases,  and 
under  suoh  rules  and  regulations  as  may  be  prescribed  by  law,  and,  except 


262    GOVERNMENT  AM)  POLITICS  IN  VIRGINIA 

when  the  prnsecution  has  been  carried  on  1)V  the  House  of  Delegates,  to 
grant  reprieves  and  pardons  after  conviction;  to  remove  political  disal)il- 
ities  consequent  upon  conviction  for  offences  committed  prior  or  subse- 
quent to  the  adojjtion  f)f  this  Constitution,  and  to  commute  capital  pun- 
ishment; but  he  shall  conununicate  to  the  General  Assembly,  at  each  ses- 
sion, particulars  of  every  case  of  fine  or  penalty  remitted,  of  reprieve  or 
pardon  granted,  and  of  punishment  commuted,  with  his  reasons  for  re- 
mitting, granting,  or  ccmunuting  the  same. 

Further  powers  of  Governor 

Sec.  74.  The  Governor  may  require  information  in  writing,  under  oath, 
from  the  officers  of  the  e.xecutive  department  and  superintendents  of  State 
institutions  upon  any  subject  relating  to  tKe  duties  of  their  respective 
offices  ami  institutions;  and  he  may  inspect  at  any  time  their  official  books, 
accounts  and  vouchers,  and  ascertain  the  condition  of  the  public  funds 
in  their  charge,  and  in  that  connection  may  employ  accountants.  He 
may  require  the  opinion  in  writing  of  the  Attorney-General  upon  any 
question  of  law  affecting  the  official  duties  of  the  Governor. 

Commissions  and  grants;  how  they  shall  run  and  how  attested 

Sec.  75.  Commissions  and  grants  shall  run  in  the  name  of  Common- 
wealth of  Virginia,  and  be  attested  by  the  Governor,  with  the  seal  of  the 
Commonwealth  annexed. 

Bills,  duties  of  Gover?ior  in  regard  to;  proceedings  of  General  Assembly  in 
passing  bills  over  veto  of  Governor;  effect  of  failure  of  Governor  to  sign 

Sec.  76.  Every  bill,  which  shall  have  passed  the  Senate  and  House  of 
Delegates,  shall,  before  it  becomes  a  law,  be  presented  to  the  Governor. 
If  he  a[)j)rovc,  he  shall  sign  it;  but  if  not,  he  may  return  it  with  his  objec- 
tions to  the  house  in  which  it  originated,  which  shall  enter  the  objections 
at  large  on  its  journal  and  proceed  to  reconsider  the  same.  If,  after  such 
consideration,  two-thirds  of  tlie  members  present,  which  two-thirds  shall 
include  a  majority  of  the  nienii)ers  elected  to  that  house,  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds 
of  all  the  members  present,  which  two-thirds  shall  include  a  majority  of 
the  members  elected  to  that  house,  it  shall  become  a  law,  notwithstanding 
the  objections.  The  Governor  shall  have  the  power  to  veto  anj'^  particular 
item  or  items  of  an  appropriation  bill,  but  the  veto  shall  not  affect  the  item 
or  items  to  which  he  does  not  object.     The  item  or  items  objected  to  shall 


CONSTITUTION  OF  VIRGINIA  263 

not  take  effect  except  in  the  manner  heretofore  provided  in  this  section 
as  to  bills  returned  to  the  General  Assembly  without  his  approval.  If  he 
approves  the  general  purpose  of  any  bill,  but  disapproves  any  part  or  parts 
thereof,  he  may  return  it,  with  recommendations  for  its  amendment, 
to  the  house  in  which  it  originated,  whereupon  the  same  proceedings  shall 
be  had  in  both  houses  upon  the  bill  and  his  recommendations  in  relation 
to  its  amendment,  as  is  above  provided  in  relation  to  a  bill  which  he  shall 
have  returned  without  his  approval,  and  with  his  objections  thereto;  pro- 
^^ded,  that  if,  after  such  reconsideration,  both  houses,  by  a  vote  of  a  ma- 
jority' of  the  members  present  in  each,  shall  agree  to  amend  the  bill  in 
accordance  with  his  recommendations  in  relation  thereto,  or  either  house 
by  such  vote  shall  fail  or  refuse  to  so  amend  it,  then,  and  in  either  case, 
the  bill  shall  be  again  sent  to  him,  and  he  may  act  upon  it  as  if  it  were  then 
before  him  for  the  first  time.  But  in  all  the  cases  above  set  forth  the  votes 
of  both  houses  shall  be  determined  by  ayes  and  noes,  and  the  names  of  the 
members  voting  for  and  against  the  bill,  or  item  or  items  of  an  appropria- 
tion bill,  shall  be  entered  on  the  journal  of  each  house.  If  any  bill  shall 
not  be  returned  by  the  Governor  within  five  days  (Sunday  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  General  Assembly  shall,  by  final  adjourn- 
ment, prevent  such  return;  in  which  case  it  shall  be  a  law  if  approved  by 
the  Governor  in  the  manner  and  to  the  extent  above  provided,  within  ten 
days  after  such  adjournment,  but  not  otherwise. 

Lieutenant-Governor,  election  and  qualifications 
Sec.  77.  A  Lieutenant-Governor  shall  be  elected  at  the  same  time  and 
for  the  same  term  as  the  Governor,  and  his  qualifications  and  the  manner 
and  ascertainment  of  his  election,  in  all  respects,  shall  be  the  same. 

Duties  of  Lieutenant-Governor 
Sec.  78.  In  case  of  the  removal  of  the  Governor  from  office,  or  of  his 
death,  failure  to  qualify,  resignation,  removal  from  the  State,  or  inability 
to  discharge  the  powers  and  duties  of  the  office,  the  said  office,  with  its 
compensation,  shall  devolve  upon  the  Lieutenant-Governor;  and  the  Gen- 
eral Assembly  shall  provide  by  law  for  the  discharge  of  the  executive 
functions  in  other  necessary  cases. 

Lieutenant-Governor  shall  be  president  of  Senate;  compensation  as  such 
Sec.  79.  The  Lieutenant-Governor  shall  be  president  of  the  Senate; 
but  shall  have  no  vote  except  in  case  of  an  equal  division;  and  while  acting 
as  such,  shall  receive  a  compensation  equal  to  that  allowed  to  the  Speaker 
of  the  House  of  Delegates. 


264    GOVERXMEXT  AXD  POLITICS  IX  VIRGIXIA 

Secretary  of  the  Commonwealth,  election  and  duties;  dispositioii  of 

fees  received  by  him 

Sec.  SO.  A  Secretary  of  the  Commoinveulth  .shall  l)e  elected  by  the  quali- 
fied voters  of  the  State  at  the  same  time  and  for  the  same  term  a.s  the  Gov- 
ernor; and  the  fact  of  his  election  shall  be  ascertained  as  in  the  case  of  the 
Governor.  He  shall  keep  a  daily  record  of  the  official  acts  of  the  Governor, 
which  shall  be  signed  by  the  Governor  and  attested  by  the  Secretary; 
and,  when  required,  he  shall  lay  the  same,  and  any  papers,  minutes  and 
vouchers  pertaining  to  his  office,  before  either  house  of  the  General  As- 
sembly. He  shall  discharge  such  other  .duties  as  may  be  prescribed  by 
law.  All  fees  received  by  the  Secretary  of  Iho  Commonwealth  shall  be 
paid  into  the  treasury  monthly. 

State  Treasurer 

Sec.  81.  A  State  Treasurer  shall  be  elected  by  the  qualified  voters  of 
the  State  at  the  same  time  and  for  the  same  term  as  the  Governor;  aiTd  the 
fact  of  his  election  shall  be  ascertained  in  the  same  manner.     His  powers 

and  duties  shall  be  prescribed  by  law. 

Auditor  of  Public  Accounts 

Sec.  82.  An  Auditor  of  Public  Accounts  shall  be  elected  by  the  joint  vote 
of  the  two  houses  of  the  General  Assembly  for  the  term  of  four  years.  His 
powers  and  duties  shall  be  prescribed  by  law. 

Salaries  of  officers  of  Executive  Department 

Sec.  83.  The  salary  of  each  officer  of  the  Executive  Department,  ex- 
cept in  those  cases  where  the  salary  is  determined  by  this  Constitution, 
shall  l)e  fixed  by  law;  and  the  salary  of  no  such  officer  shall  be  increased 
or  diminished  during  the  term  for  which  he  shall  have  been  elected  or 
appointed. 

Checks  and  balances  on  officers  entrusted  with  collection  of  revenue, 

establishment  of 

Sec.  84.  The  General  Assembly  shall  provide  by  law  for  the  establish- 
ment and  maintenance  of  an  efficient  system  of  checks  and  balances  be- 
tween the  officers  at  the  seat  of  government  entrusted  with  the  collection, 
receipt,  custody,  or  disbursement  of  the  revenues  of  the  State. 


CONSTITUTION  OF  VIRGINIA  265 

Bond  of  officers  handling  State  funds 

Sec.  85.  All  State  officers,  and  their  deputies,  assistants  or  employees» 
charged  with  the  collection,  custody,  handling  or  disbursement  of  public 
funds,  shall  be  required  to  give  bond  for  the  faithful  performance  of  such 
duties;  the  amount  of  such  bond  in  each  case,  and  the  manner  in  which 
security  shall  be  furnished,  to  be  specified  and  regulated  by  law. 

Bureau  of  Labor  and  Statistics 

Sec.  86.  The  General  Assembly  shall  have  power  to  establish  and  main- 
tain a  Bureau  of  Labor  and  Statistics,  under  such  regulations  as  may  be 
prescribed  by  law. 

Article  VI.  Judiciary  Department 

Composition  and  jurisdiction 

Sec.  87.  The  Judiciary  Department  shall  consist  of  a  Supreme  Court 
of  Appeals,  circuit  courts,  city  courts,  and  such  other  courts  as  are  herein- 
after authorized.  The  jurisdiction  of  these  tribunals  and  the  judges 
thereof,  except  so  far  as  conferred  by  this  Constitution,  shall  be  regulated 
by  law. 

Supreme   Court    of   Appeals,    composition  and  jurisdiction;  exceptions  to 
jurisdiction;  temporary  vacancies,  hoiv  filled 

Sec.  88.  The  Supreme  Court  of  Appeals  shall  consist  of  five  judges,  any 
three  of  whom  may  hold  a  court.  It  shall  have  original  jurisdiction  in 
cases  of  habeas  corpus,  mandamus,  and  prohibition;  but  in  all  other  cases, 
in  which  it  shall  have  jurisdiction,  it  shall  have  appellate  jurisdiction  only. 

Subject  to  such  reasonable  rules,  as  may  be  prescribed  by  law,  as  to  the 
course  of  appeal,  the  limitation  as  to  time,  the  security  required,  if  any, 
the  granting  or  refusing  of  appeals,  and  the  procedure  therein,  it  shall, 
by  virtue  of  this  Constitution,  have  appellate  jurisdiction  in  all  cases  in- 
volving the  constitutionality  of  a  law  as  being  repugnant  to  the  Constitu- 
tion of  this  State,  or  of  the  United  States,  or  involving  the  life  or  liljerty 
of  any  person;  and  it  shall  also  have  appellate  jurisdiction  in  such  other 
cases,  within  the  limits  hereinafter  defined,  as  may  be  prescribed  by  law; 
but  no  appeal  shall  be  allowed  to  the  Commonwealth  in  any  case  involving 
the  life  or  liberty  of  a  person,  except  that  an  appeal  by  the  Commonwealth 
may  be  allowed  by  law  in  any  case  involving  the  violation  of  a  law  relating 
to  the  State  revenue.     No  bond  shall  be  required  of  any  accused  person 


266    GOVERNMENT  AND  POLITICS  IN  \IRGINTA 

as  a  condition  of  Mppcnl,  l)iit  a  supersedeas  bond  may  be  required  where 
the  only  punishiiicnt  imijoscd  in  tho  court  lu'low  is  a  fine. 

The  court  shall  \u)i  have  jurisdiction  in  civil  cases  where  the  matter 
in  controversy,  exchisive  of  costs  and  of  interest  accrued  since  tiie  judg- 
ment in  the  court  below,  is  less  in  value  or  amount  than  three  hundred 
dollars,  except  in  controversies  concerning;  the  title  to,  or  boundaries 
of  land,  the  condemnation  of  jjroperty,  the  probate  of  a  will,  the  appoint- 
ment or  (lualification  of  a  personal  representative,  guardian,  committee, 
or  curator,  or  concerning  a  mill,  roadway,  ferry,  or  landing,  or  the  right 
of  the  State,  county,  or  municipal  corporation,  to  levy  tolls  or  taxes,  or 
involving  the  construction  of  any  statute,  ordinance  or  county  proceeding 
imposing  taxes;  and,  except  in  cases  of  habeas  corpus,  mandamus,  and  pro- 
hibition, the  constitutionality  of  a  law,  or  some  other  matter  not  merely 
pecuniary.  After  the  year  nineteen  hundred  and  ten  the  General  Assem- 
bly may  change  the  jurisdiction  of  the  court  in  matters  merely  pecuniary. 
The  assent  of  at  least  three  of  the  judges  shall  be  required  for  the  court 
to  dv.-termine  that  any  law  is,  or  is  not,  repugnant  to  the  Constitution  of 
this  State,  or  of  the  United  States;  and  if,  in  a  case  involving  the  consti- 
tutionality of  any  such  law,  not  more  than  two  of  the  judges  sitting  agree 
in  oi)inion  on  the  constitutional  question  involved,  and  the  case  cannot 
l)e  dctcrmiiu'd,  without  passing  on  such  (luestion,  no  decision  shall  be 
rendered  therein,  but  the  case  sliall  be  reheard  by  a  full  court;  and  in  no 
case  where  the  jurisdiction  of  the  court  depends  solely  upon  the  fact  that 
the  constitutionality  of  a  law  is  involved,  shall  the  court  decide  the  case 
upon  its  merits,  imless  the  contention  of  the  appellant  upon  the  constitu- 
tional question  be  sustained.  Whenever  the  reejuisite  majority  of  the 
judges  sitting  are  unable  to  agree  upon  a  decision,  the  case  shall  be  reheard 
by  a  full  bench,  and  any  vacancy  caused  by  any  one  or  more  of  the  judges 
being  imable,  unwilling,  or  disqualified  to  sit,  shall  be  temporarily  filled 
in  a  manner  to  be  prescribed  by  law. 

Special  Court  of  Appeals 

Sec.  89.  The  General  Assembly  may,  from  time  to  time,  provide  for  a 
Special  Court  of  Appeals  to  try  any  cases  on  the  docket  of  the  Supreme 
Court  of  Appeals  in  respect  to  which  a  majority  of  the  judges  are  so  situ- 
ated as  to  make  it  improper  for  them  to  sit;  and  also  to  try  any  cases  on 
said  docket  which  cannot  be  disposetl  of  with  convenient  dispatch.  The 
said  special  court  shall  be  c()my)osed  of  not  less  than  three  nor  more  than 
five  of  the  judges  of  tlie  circuit  courts  and  city  courts  of  record  in  cities 
of  the  first  class,  or  of  the  judges  of  either  of  said  courts,  or  of  any  of  the 
juilges  of  said  courts,  together  with  one  or  more  of  the  judges  of  the  Su- 
preme Court  of  Appeals. 


CONSTITUTION  OF  VIRGINIA  267 

Opinions  of  Supreme  Court  of  Appeals  shall  be  tvritten 

Sec.  90.  When  a  judgment  or  decree  is  reversed  or  affirmed  by  the  Sr 
preme  Court  of  Appeals  the  reasons  therefor  shall  be  stated  in  writing  and 
preserved  with  the  record  of  the  case. 

Qualifications  and  terms  of  judges  of  Supreme  Court  of  Ap- 
peals; how  chosen 

Sec.  91.  The  judges  of  the  Supreme  Court  of  Appeals  shall  he  chosen 
by  the  joint  vote  of  the  two  houses  of  the  General  Assembh-.  They  shall, 
when  chosen,  have  held  a  judicial  station  in  the  United  States,  or  shall  have 
practiced  law  in  this  or  some  other  State  for  five  j-ears.  At  the  first  elec- 
tion under  this  Constitution,  the  General  .Assembly  shall  elect  the  judges 
for  terms  of  four,  six,  eight,  ten,  and  twelve  years  respectively;  and  there- 
after they  shall  be  elected  for  terms  of  twelve  years. 

Officers  of  Supreme  Court  of  Appeals 

Sec.  92.  The  officers  of  the  Supreme  Court  of  Appeals  shall  be  appointed 
by  the  court  or  by  the  judges  in  vacation.  Their  duties,  compensation, 
and  tenure  of  office  shall  be  prescribed  by  law. 

Sessio7is  of  Supreme  Court  of  Appeals 

Sec.  93.  The  Supreme  Court  of  Appeals  shall  hold  its  sessions  at  two 
or  more  places  in  the  State,  to  be  fixed  by  law. 

Judicial  circuits,  yiumber  and  constitution 

Sec.  94-  The  State  shall  be  divided  into  twenty-four  judicial  circuits, 
as  followtj:^ 

The  cQunty  of  Norfolk  shall  constitute  the  first  circuit. 

The  counties  of  Nansemond,  Southampton,  city  of  Suffolk  and  the  city 
of  Norfolk  shall  constitute  the  second  circuit. 

The  counties  of  Prince  George,  Surry,  Sussex,  Greensville  and  Bruns- 
wick shall  constitute  the  third  circuit. 

The  counties  of  Chesterfield,  Dinwiddie,  Nottoway,  Amelia,  Powhatan 
and  the  city  of  Petersburg  shall  constitute  the  fourth  circuit. 

The  counties  of  Prince  Edward,  Cumberland,  Appomattox,  Charlotte 
and  Buckingham  shall  constitute  the  fifth  circuit. 

1  Since  the  adoption  of  the  Constitution  the  number  of  judicial  circuits  has  been  increased 
to  31 ,  in  accordance  with  the  provisions  of  section  95,  and  the  list  herein  is  as  rearranged  by 
act  approved  March  27,  1914. 


268    GOVERXMEXT  AXD  POLITICS  IX  MRGINIA 

The  counties  of  Lunonhurfi,  Mocklenhurji,  Halifax,  Campbell,  and  the 
city  of  Lynchlmrg  shall  constitute  the  sixth  circuit. 

The  counties  of  Pittsylvania,  Henry,  Patrick,  and  the  city  of  Danville 
shall  constitute  the  seventh  circuit. 

The  counties  of  Madison,  Greene  and  Alhemarle  shall  constitute  the 
eighth  circuit. 

The  counties  of  Culpeper,  Orange,  Louisa  and  Goochland  shall  consti- 
tute the  ninth  circuit. 

The  countj  of  Henrico  antl  tlie  city  of  Richmond  shall  constitute  the 
tenth  circuit. 

The  county  of  Elizabeth  City  and  the  city  of  Newport  News  shall  con- 
stitute the  eleventh  circuit. 

The  counties  of  Richmond,  Northunil)erland,  ^^'estmoreland,  Lancaster 
and  Essex  shall  constitute  the  twelfth  circuit. 

The  counties  of  Gloucester,  Mathews,  King  and  Queen,  King  William 
and  Middlesex  shall  constitute  the  thirteenth  circuit. 

The  counties  of  New  Kent,  Charles  City,  York,  \\  arwick,  James 
City,  and  the  citj'  of  ^^'illiamsburg  shall  constitute  the  fourteenth 
circuit. 

The  counties  of  King  George,  Stafford,  Spotsylvania,  Caroline  and  Han- 
over shall  constitute  the  fifteenth  circuit. 

The  counties  of  Prince  William,  Fairfax  and  Alexandria,  and  the  city 
of  Alexandria  shall  constitute  the  sixteenth  circuit. 

The  counties  of  Frederick,  Clarke,  Warren  and  Shenandoah  shall  con- 
stitute the  seventeenth  circuit. 

The  counties  of  Augusta,  Highland  and  Rockbridge  shall  constitute  the 
eighteenth  circuit. 

The  counties  of  Bath,  ^Vllcghany,  Craig  and  liotetourt,  and  the  city  of 
Clifton  Forge  shall  constitute  the  nineteenth  circuit. 

The  counties  of  Roanoke,  Montgomery,  Floyd,  and  the  city  of  Roanoke 
shall  constitute  the  twentieth  circuit. 

The  coimties  of  Pulaski,  Carroll,  Wythe  and  Grayson  shall  constitute 
the  twenty-first  circuit. 

The  counties  of  Bland,  Tazewell  and  Giles  shall  constitute  the  twenty- 
second  circuit. 

The  counties  of  W  ashington,  Smyth  and  Scott  shall  constitute  the  twen- 
tj'-third  circuit. 

The  counties  of  Lee  and  Wise  shall  constitute  the  twenty-fourth  circuit. 

The  counties  of  Rockingham  and  Page  shall  constitute  the  twenty-fifth 
circuit.     ' 

The  counties  of  Rappahannock,  Fauquier  and  Loudoun  shall  constitute 
the  twenty-sixth  judicial  circuit. 


CONSTITUTION  OF  VIRGINIA  269 

The  counties  of  Buchanan,  Russell  and  Dickenson  shall  constitute 
the  twenty-seventh  circuit. 

The  counties  of  Isle  of  Wight  and  Princess  Anne  and  the  city  of  Ports- 
mouth shall  constitute  the  twenty-eighth  circuit. 

The  counties  of  Amherst,  Nelson  and  Fluvanna  shall  constitute  the 
twentj^-ninth  circuit. 

The  counties  of  Bedford  and  Franklin  shall  constitute  the   thirtieth 

circuit. 

The  counties  of  Accomac  and  Northampton  shall  constitute  the  thirty- 
first  circuit. 

Powers  of  General  Assemhhj  to  rearrange  judicial  circuits;  limitations 

Sec.  95.  -\fter  the  first  day  of  January,  nineteen  hundred  and  six,  as 
tlie  public  interest  requires,  the  General  Assembly  may  rearrange  the  said 
circuits  and  increase  or  diminish  the  number  thereof.  But  no  new  cir- 
cuit shall  be  created  containing,  by  the  last  United  States  census  or  other 
census  provided  by  law,  less  than  forty  thousand  inhabitants,  nor  when 
the  effect  of  creating  it  will  be  to  reduce  the  number  of  inhabitants  in  any 
existing  circuit  below  forty  thousand  according  to  such  census. 

Circuit  judges,  election,  qualifications;  residence  and  term  of  office 

Sec.  96.  For  each  circuit  a  judge  shall  be  chosen  by  the  joint  vote  of  the 
two  houses  of  the  General  Assembly.  He  shall,  when  chosen,  possess  the 
same  qualifications  as  judges  of  the  Supreme  Court  of  Appeals,  and  during 
his  continuance  in  office  shall  reside  in  the  circuit  of  which  he  is  judge. 
At  the  first  election  under  this  Constitution,  the  General  Assembly  shall 
elect,  as  nearly  as  practicable,  one-fourth  of  the  entire  number  of  judges 
for  terms  of  two  years,  one-fourth  for  four  years,  one-foiu-th  for  six  years, 
and  the  remaining  fourth  for  eight  years,  respectively;  and  thereafter  they 
shall  be  elected  for  terms  of  eight  years. 


Terms  of  circuit  judges;  judges  may  be  required  to  hold  terms 
in  other  circuits 

Sec.  97.  The  number  of  terms  of  the  circuit  courts  to  be  held  for  each 
count}'  and  city  shall  be  prescribed  b}'  law.  But  no  separate  circuit  court 
shall  be  held  for  any  city  of  the  second  class  until  the  city  shall  abolish 
its  existing  city  court.  The  judge  of  one  circuit  may  be  required  or  auth- 
orized to  hold  court  in  any  other  circuit  or  citj'. 


270    C.OVERNMENT  AND  POLITICS  IN  VIRGINIA 

Dinsion  of  cities  into  classes:  courts  of  each  class;  additional  courts  for  cities, 
how  prodded:  abolition  and  cessatio)i  of  corporation  or  city  court 

Sec.  98.  Far  the  purpose.s  of  :i  judicial  sy.steiu,  the  cities  of  the  State  shall 
1)C  divided  into  two  clas.ses.  .\11  cities  shall  belong  to  the  first  class  which 
contain,  as  shown  l)y  the  last  United  States  census  or  other  census  i)ro- 
vided  by  law,  ton  thou.sand  inhabitants  or  more,  and  all  cities  shall  belong 
to  the  second  cla.ss  which  contain,  as  thus  shown,  less  than  ten  thousaiul 
inhal)itants.  In  each  city  of  the  first  class,  there  shall  be,  in  addition 
to  the  circuit  court,  a  corporation  courl.  In  any  city  containing  thirty 
thou.sand  inhabitants  or  more,  the  ( ieneral  As.senibly  may  provide  for 
such  additional  courts  as  the  public  interest  may  re(iuiie,  and  in  every 
such  city  the  city  courts,  as  they  now  exist,  shall  continue  unlil  otherwise 
provided  by  law.  In  every  city  of  the  second  class,  the  corporation  or 
hustings  court,  existing  at  the  time  this  Constitution  goes  into  effect,  shall 
contimie  hereafter  under  the  name  of  the  cor|)ora1i()n  court  of  such  city; 
but  it  may  be  abolished  by  a  vote  of  a  majority  of  tlie  (lualified  electors 
of  such  city,  at  an  election  held  for  the  purpose,  and  whenever  the  of- 
fice of  judge  of  a  corporation  or  hustings  court  of  a  city  of  the  second 
class,  whose  salary  is  less  than  eight  hundred  dollars,  shall  become  and  re- 
main vacant  for  ninety  days  consecutively,  such  court  shall  thereby  cease 
to  exist.  In  case  of  the  abolition  of  the  corporation  or  hustings  court  of 
any  city  of  the  .second  class,  such  city  shall  thereupon  come  in  every  re- 
spect within  the  jurisdiction  of  the  circuit  court  of  the  county  wherein  it 
is  situated,  until  otherwise  provided  by  law,  and  the  records  of  such  cor- 
poration or  hustings  court  shall  thereupon  become  a  part  of  the  records 
of  such  circuit  court,  and  be  tran.sferred  thereto,  and  remain  therein  until 
otherwi.se  provided  by  law;  and  during  the  existence  of  the  cori)oration 
or  hustings  court,  the  circuit  court  of  the  county  in  which  such  city  is 
situated,  shall  have  concurrent  jurisdiction  with  said  corporation  (U'  hust- 
ings court  in  all  actions  of  law  and  suits  in  e(|uity. 

Judges  of  city  courts,  election,  qualifications  and  residence;  residence  and 
privilege  of  judge  of  corporation  court  of  city  of  less  than  fire  thousand  in- 
habitants; judges  of  city  courts  of  cities^  of  first,  class  may  be  required  or 
authorized  to  hold  terms  in  other  circuits. 

Sec.  99.  For  each  city  court  of  record  a  judge  shall  l)e  cho.sen  by  the  joint 
vote  of  the  two  houses  of  the  General  Assembly.  He  shall,  when  chosen, 
possess  the  same  qualifications  as  judges  of  the  Supreme  Cour.t  of  Appeals, 
and  during  his  continu.-uice  in  office  shall  reside  within  the  jurisdiction 
of  the  court  over  which  he  presides;  but  the  judge  of  the  corporation  court 
of  anv  corporation  having  a  city  charter,  and  less  than  five  thousand  in- 


CONSTITUTION  OF  VIRGINIA  271 

habitants,  may  reside  outside  its  corporate  limits;  and  the  same  person 
may  be  judge  of  such  corporation  court  and  judge  of  the  corporation  court 
of  some  other  city  having  less  than  ten  thousand  inhabitants.  At  the 
first  election  of  said  judges  under  this  Constitution,  the  General  Assembly 
shall  elect,  as  nearly  as  practicable,  one-fourth  of  the  entire  number  for 
terms  of  two  years,  one-fourth  for  four  years,  one-fourth  for  six  years,  and 
the  remaining  fourth  for  eight  years;  and  thereafter  they  shall  be  elected 
for  terms  of  eight  years.  The  judges  of  city  courts  in  cities  of  the  first 
class  may  be  required  or  authorized  to  hold  the  circuit  courts  of  any  county 
and  the  circuit  courts  of  anj'  city. 

Courts  of  Land  Registration 

Sec.  100.  The  General  Assembly  shall  have  power  to  establish  such  court 
or  courts  of  land  registration  as  it  may  deem  proper  for  the  administration 
of  any  law  it  may  adopt  for  the  purpose  of  the  settlement,  registration, 
transfer,  or  assurance  of  titles  to  land  in  the  State,  or  any  part  thereof. 

Clerks  of  circuit  courts,  jurisdiction  in  cases  of  vrills,  insane  persons,  etc. 

Sec.  101.  The  General  Assembly  shall  have  power  to  confer  upon  the 
clerks  of  the  several  circuit  courts  jurisdiction,  to  be  exercised  in  the  man- 
ner and  under  the  regulations  to  be  prescribed  by  law,  in  the  matter  of 
the  admission  of  wills  to  probate,  and  of  the  appointment  and  qualification 
of  guardians,  personal  representatives,,  curators,  appraisers,  and  com- 
mittees of  the  estates  of  persons  who  have  been  adjudged  insane  or  con- 
victed of  felony,  and  in  the  matter  of  the  substitution  of  trustees. 

Judges,  how  commissioned;  salaries  and  allowances,  terms  of 
office;  vacancies 

Sec.  102.  All  the  judges  shall  be  commissioned  by  the  Governor.  They 
shall  receive  such  salaries  and  allowances  as  may  be  determined  by  law 
within  the  limitations  fixed  by  the  Constitution,  the  amount  of  which 
shall  not  be  increased  or  diminished  during  their  terms  of  office.  Their 
terms  of  office  shall  commence  on  the  first  day  of  February  next  following 
their  election,  and  whenever  a  vacancy  occurs  in  the  office  of  judge,  his 
successor  shall  be  elected  for  the  unexpired  term. 

Salaries  of  judges 

Sec.  103.  The  salaries  of  the  judges  of  the  Supreme  Court  of  Appeals 
shall  be  not  less  than  four  thousand  dollars  per  annum,  and  shall  be  paid 
by  the  State. 


272    GOVERXMKXT  AND  POLITICS  IX  VIRGINIA 

Tlie  salary  of  the  jiulfie  of  each  circuit  court  shall  be  not  less  than  two 
thousand  dollars  per  annum,  one-half  of  wliich  shall  he  paid  by  the  State, 
the  other  half  by  the  counties  and  cities  composing  the  circuit,  according 
to  their  respective  population;  except  that  of  the  salary  of  the  judge  of 
the  circuit  court  of  the  city  of  Richmond,  the  State  shall  pay  the  proportion 
which  would  otherwise  fall  to  the  city  of  Richmond.  The  salary  of  a  judge 
of  a  city  court  in  a  city  of  the  first  class  shall  be  not  less  than  two  thousand 
dollars  per  annum,  one-half  of  which  shall  be  paid  by  the  State,  the  other 
half  by  the  city.  The  whole  of  the  aforesaid  salaries  of  said  judges  shall 
be  paid  out  of  the  State  treasury,  the  State  to  be  reimbursed  by  the  re- 
spective counties  and  cities.  Any  city  may,  by  an  ordinance,  increase 
the  salaries  of  its  city  or  circuit  judges,  oi'  any  one  or  more  of  them  as  it 
may  deem  j)roper,  and  the  increase  shall  be  paid  wholly  by  the  city,  but 
shall  not  be  enlarged  or  diminished  during  the  term  of  office  of  the  judge. 
Each  city  containing  less  than  ten  thousand  inhabitants  shall  pay  the 
salary  of  the  judge  of  its  corporation  or  hustings  court. 

Removal  of  judges  for  cause 

Sec.  104.  Judges  may  be  removed  from  office  for  cause,  by  a  concurrent 
vote  of  both  houses  of  the  Cieneral  Assembly;  but  a  majority  of  ail  the 
members  elected  to  each  house  must  concur  in  such  vote,  and  the  cause 
of  removal  shall  be  entered  on  the  journal  of  each  house.  The  judge 
against  whom  the  General  Assembly  may  be  about  to  proceed  shall  have 
notice  thereof,  accompanied  by  a  copy  of  the  causes  alleged  for  his  removal, 
at  least  twenty  days  before  the  day  on  which  either  house  of  the  General 
Assembly  shall  act  thereon. 

Judges  shall  not  practice  law  or  hold  office  of  public  trust;  exception 

Sec.  105.  No  judge  of  the  Supreme  Court  of  Appeals,  of  the  circuit  court, 
or  of  any  city  court  of  record  shall  practice  law,  within  or  without  this 
State,  nor  shall  he  hold  any  other  office  of  public  trust  during  his  contin- 
uance in  office;  except  that  the  judge  of  a  corporation  or  hustings  court 
in  a  city  of  the  second  class  may  hold  the  office  of  commissioner  in  chan- 
cery of  the  circuit  court  for  the  county  in  which  the  city  is  located. 

Writs  and  indictments 

Sec.  100.  Writs  shall  run  in  the  name  of  the  "Conmionwealth  of  Vir- 
ginia," and  be  attested  by  the  clerks  of  the  several  courts.  Indictments 
shall  conclude  "against  the  peace  and  dignity  of  the  Commonwealth." 


CONSTITUTION  OF  VIRGINIA  273 

Attorney-General y  election,  commission,  duties  and  compensation; 

hov:  removable 

Sec.  107.  An  Attorney  General  shall  be  elected  by  the  qualified  voters: 
of  the  State  at  the  same  time  and  for  the  same  term  as  the  Governor;  and 
the  fact  of  his  election  shall  be  ascertained  in  the  same  manner.  He  shall 
be  commissioned  by  the  Governor,  perform  such  duties  and  receive  such 
compensation  as  may  be  prescribed  by  law,  and  shall  be  removable  in  the 
manner  prescribed  for  the  removal  of  judges. 

Justices  of  the  peace 

Sec.  108.  The  General  Assembly  shall  provide  for  the  appointment  or 
election  and  for  the  jurisdiction  of  such  justices  of  the  peace  as  the  public 
interest  may  require. 

Applications  for  bail 

Sec.  109.  The  General  Assembly  shall  provide  by  whom  and  in  what 
manner,  applications  for  bail  shall  be  heard  and  determined. 

Article  VII.  Organization  and  Government  of  Counties 

County  officers,  number,  terms  and  compensation 

Sec.  110.  ^  There  shall  be  elected  by  the  qualified  voters  of  each  county 
one  county  treasurer,  one  sheriff,  one  attorney  for  the  Commonwealth, 
and  one  county  clerk,  who  shall  be  the  clerk  of  the  circuit  court.  There 
shall  be  elected  by  the  qualified  voters  of  each  county,  for  four  years,  com- 
missioners of  the  revenue  for  each  coimty,  the  number,  duties  and  compen- 
sation of  whom  shall  be  prescribed  by  law. 

There  shall  be  appointed  for  each  countj^  in  such  manner  as  may  be 
provided  by  law,  one  superintendent  of  the  poor  and  one  county  surveyor. 

Magisterial  districts,  supervisors;  how  chosen;  powers  and  duties 

Sec.  111.  The  magisterial  districts  shall,  until  changed  by  law,  remain 
as  now  constituted;  provided,  that  hereafter  no  additional  districts  shall 
be  made  containing  less  than  thirty  square  miles.  In  each  district  there 
shall  be  elected  by  the  qualified  voters  thereof  one  supervisor.  The  super- 
visors of  the  districts  shall  constitute  the  board  of  supervisors  of  the  county, 
which  shall  meet  at  stated  periods  and  at  other  times  as  often  as  may  be 
necessary,  lay  the  county  and  district  levies,  pass  upon  all  claims  againsj> 

1  As  amended  by  amendment  adopted  November  8,  1910. 


2   i    GOVERXMENT  AND  POLITICS  IX  VIRGINIA 

the  CDMiity,  subject  to  such  ;ippeal  as  may  be  provided  by  law,  and  perform 
s  ich  duties  as  may  be  required  by  law. 

Elections  for  county  and  district  officers,  when  held;  terms  of  officers 

Sec.  112.  All  regular  elections  for  county  and  district  officers  shall 
be  held  on  Tuesday  after  the  first  Monday  in  November,  and  all  of 
said  officers  shall  enter  upon  the  duties  of  their  offices  on  the  first  day  of 
January  next  succeeiliiig  tlieir  election,  and  shall  hold  tlieir  respective 
offices  for  the  term  of  four  years,  except  that  the  county  clerk  shall  hold 
office  for  eight  years;  provided,  that  the  term  of  the  clerks  first  elected 
under  this  Constitution  shall  l^egin  on  the  first  of  February,  nineteen  hun- 
dred and  four,  and  end  on  the  first  of  January,  nineteen  hundred  and 
twelve. 

N^o  person  shall  hold  more  than  one  office  at  the  same  time;  additional 
security  may  he  required  of  officer 

Sec.  113.  No  person  shall  at  the  same  time  hold  more  than  oiie  of  the 
offices  mentioned  in  this  article.  Any  officer  required  by  law  to  give 
bond  may  be  required  to  give  additional  security  thereon,  or  to  execute 
a  new  bond,  and  in  default  of  so  doing  his  office  shall  be  declared  vacant. 

County  not  responsible  for  acts  of  sheriff 

Sec.  114.  Counties  shall  not  be  made  responsible  for  tiie  acts  of  the 
sheriffs. 

Examination  of  hooks,  accounts,  etc.,  of  officers  handling  public  funds 

Sec.  115.  The  General  Assembly  shall  provide  for  the  examination  of 

the  books,  accounts  and  settlements  of  county  and  city  officers  who  are 
charged  with  the  collection  and  disbursement  of  public  funds. 

Article  VIII.  Organization  and  Government  of  Cities  and  Towns 

Definitions  of  "cities"  and  "toions" 

Sec.  116.  As  used  in  tliis  article,  the  words  "inc(jrporate(l  coinnumities" 
shall  be  construed  to  relate  only  to  cities  and  towns.  All  incorporated 
communities,  having  within  defined  boundaries  a  population  of  five  thous- 
and or  more,  shall  be  known  as  cities;  and  all  incorporated  communities 
having  within  defined  boundaries  a  population  of  less  than  five  thousand, 
shall  be  known  as  towns.     In  determining  the  population  of  such  cities 


CONSTITUTION  OF  VIRGINIA  275 

and  towns  the  General  Assembly  shall  be  governed  by  the  last  United  States 
census,  or  such  other  enumeration  as  may  be  made  by  authority  of  the 
General  Assembly;  but  nothing  in  this  section  shall  be  construed  to  repeal 
the  charter  of  any  incorporated  community  of  less  than  five  thousand 
inhabitants  having  a  city  charter  at  the  time  of  the  adoption  of  this  Con- 
stitution, or  to  prevent  the  abolition  by  such  incorporated  communities 
of  the  corporation  or  hustings  court  thereof. 

General  Assembly  shall  enact  general  laws  for  government  of  cities  and  towns; 
how  special  act  therefor  passed;  as  to  city  charters  existing  at  adoption  of 
Constitution 

Sec.  117.^  (a)  General  laws  for  the  organization  and  government  of 
cities  and  towns  shall  be  enacted  by  the  General  Assembly,  and  no  special 
act  shall  be  passed  in  relation  thereto,  except  in  the  manner  provided  in 
article  four  of  this  Constitution,  and  then  only  by  a  recorded  vote  of  two- 
thirds  of  the  members  elected  to  each  house.  But  each  of  the  cities  and 
towns  of  the  State  having  at  the  time  of  the  adoption  of  this  Constitution 
a  municipal  charter  may  retain  the  same,  except  so  far  as  it  shall  be  repealed 
or  amended  by  the  General  Assembly;  provided,  that  every  such  charter 
is  hereby  amended  to  conform  to  all  the  provisions,  restrictions,  limita- 
tions and  powers  set  forth  in  this  article,  or  otherwise  provided  in  this  Con- 
stitution. 

(b)  The  General  Assembly  may,  by  general  law  or  by  special  act  (passed 
in  the  manner  provided  in  article  four  of  this  Constitution)  provide  for  the 
organization  and  government  of  cities  and  towns  without  regard  to,  and 
unaffected  by  any  of  the  provisions  of  this  article,  except  those  of  sections 
one  hundred  and  twenty-four,  one  hundred  and  twenty-five,  (except  so 
far  as  the  provisions  of  section  one  hundred  and  twenty-five  recognize 
the  office  of  mayor  and  the  power  of  veto),  one  hundred  and  twenty-six, 
one  hundred  and  twenty-seven  and  one  hundred  and  twenty-eight  of  this 
article,  and  except  those  mentioned  in  sub-section  (d)  of  this  section. 
The  term  "council"  as  used  in  any  of  said  sections  shall  include  the  body 
exercising  legislative  authority  for  the  city  or  town,  and  all  ordinances 
enacted  and  resolutions  adopted  by  such  body  shall  have  the  same  force 
and  effect  for  all  purposes,  as  if  enacted  or  adopted  in  accordance  with  the 
provisions  of  section  one  hundred  and  twenty-three  of  this  article.  But 
such  organization  and  government  shall  apply  only  to  such  cities  or  towns 
as  may  thereafter  adopt  the  same  by  a  majority  vote  of  those  qualified 
voters  of  any  such  city  or  town  voting  in  any  election  to  be  held  for  the^ 
purpose,  as  may  be  provided  by  law. 

1  As  amended  by  amendments  adoptetl  in  November,  1912,  and  November,  1920. 


276    GOYERXMi:.\T  AND  POLITICS  IN  VIRGINIA 

(c)  The  fienpral  Assembly,  at  tlie  request  of  any  city  or  town,  made  in 
manner  provided  l)y  law,  may  grant  to  it  any  special  form  of  organization 
and  government  authorized  by  sub-section  (b)  of  this  section,  and  subject 
to  all  of  the  jjrovisions  of  that  sub-section,  except  that  it  shall  not  be  nec- 
essary for  such  city  or  town  to  thereafter  adopt  the  same. 

(d)  Any  laws  or  charters  enacted  pursuant  to  the  provisions  of  this  sec- 
tion shall  be  subject  to  the  provisions  of  this  Constitution  relating  exj^ressly 
to  judges  and  clerks  of  courts,  attorneys  for  the  Commonwealth,  com- 
missioners of  revenue,  city  treasurers  and  city  sergeants. 

(e)  Any  form  of  organization  and  government  authorized  by  any  pro- 
visions of  this  section  which  may  nave  been  adopted  heretofore  by  any 
city  or  town  pursuant  to  any  act  of  the  r.(>neral  Assembly  enacted  before 
such  provision  became  effective,  and  which  is  now  in  operation,  is  hereby 
declared  legal  and  valid  ah  initio,  and  shall  have  the  same  force  and  effect 
as  if  it  had  been  authorized  by  this  Constitution  at  time  of  its  adop- 
tion. 

Clerks  of  city  courts,  elections,  duties  and  number;  only  one  in  city  of  less 
than  thirty  thousand  inhabitants 

Sec.  118.  In  each  city  which  has  a  court  in  whose  office  deeds  are  ad- 
mitted to  record,  there  shall  be  elected  for  a  term  of  eight  years  by  the  qual- 
ified voters  of  such  city  a  clerk  of  said  court,  who  shall  perform  such  other 
duties  as  may  be  required  bj'  law. 

There  shall  be  elected  in  like  manner  and  for  a  like  term  all  such  addi- 
tional clerks  of  courts  for  cities  as  the  General  Assembly  may  prescribe, 
or  as  are  now  authorized  by  law,  so  long  as  such  courts  shall  continue  in 
existence.  But  in  no  city  of  less  than  thirty  thousand  inhabitants  shall 
there  be  more  than  one  clerk  of  the  court,  who  shall  be  clerk  of  all  the 
courts  of  record  in  such  city. 

Commonwealth's  Attorney  in  cities;  Commissioner  of  Revenue  in  cities 

Sec.  119. '  In  every  city,  so  long  as  it  has  a  corporation  court,  or  a  sep- 
arate circuit  court,  there  shall  be  elected  for  a  term  of  four  years  l)y  the 
qualified  voters  of  such  city,  one  attorney  for  the  Commonwealth,  who 
shall  also,  in  those  cities  having  a  separate  circuit  court,  be  the  attorney 
for  the  Commonwealth  for  such  circuit  court. 

In  every  city  there  shall  be  elected  for  a  term  of  four  years,  in  a  manner 
to  be  i)rovided  by  law,  one  conunissioner  of  revenue,  whose  duties  and  com- 
pensation shall  be  prescribed  by  law. 

1  As  amended  by  amendment  adopted  in  November,  1912. 


CONSTITUTION  OF  VIRGINIA  277 

City  officers,  their  titles,  election,  powers  and  duties 

Sec.  120.'  In  every  city  there  shall  be  elected  by  the  qualified  voters 
thereof  one  city  treasurer,  for  a  term  of  four  years;  one  city  sergeant,  for 
a  term  of  four  years,  whose  duties  shall  be  prescribed  by  law;  and  a  mayor, 
for  a  term  of  four  years,  who  shall  be  the  chief  executive  officer  of  such  city. 
All  city  and  town  officers,  whose  election  or  appointment  is  not  provided 
for  by  this  Constitution,  shall  be  elected  by  the  electors  of  such  cities  or 
towns,  or  of  some  division  thereof,  or  appointed  by  such  authorities  thereof 
as  the  General  Assembly  shall  designate. 

The  mayor  shall  see  that  the  duties  of  the  various  city  officers,  members 
of  the  police  and  fire  departments,  whether  elected  or  appointed,  in  and 
for  such  city,  are  faithfully  performed.  He  shall  have  power  to  investi- 
gate their  acts,  have  access  to  all  books  and  documents  in  their 
offices,  and  may  examine  them  and  their  subordinates  on  oath. 
The  evidence  given  by  persons  so  examined  shall  not  be  used  against 
them  in  any  criminal  proceedings.  He  shall  also  have  power  to  suspend 
such  officers,  and  the  members  of  the  police  and  fire  departments,  and  to 
remove  such  officers,  and  also  such  members  of  said  departments  when 
authorized  by  the  General  Assembly,  for  misconduct  in  office  or  neglect 
of  duty,  to  be  specified  in  the  order  of  the  suspension  or  removal;  but  no 
such  removal  shall  be  made  without  reasonable  notice  to  the  officer  com- 
plained of,  and  an  opportunity  afforded  him  to  be  heard  in  person,  or  by 
counsel,  and  to  present  testimony  in  his  defense.  From  such  order  of 
suspension  or  removal,  the  city  officer  so  suspended  or  removed  shall  have 
an  appeal  of  right  to  the  corporation  court,  or,  if  there  be  no  such  court,  to 
the  circuit  court  of  such  city,  in  which  court  the  case  shall  be  heard  de 
novo  by  the  judge  thereof,  whose  decision  shall  be  final.  He  shall  have 
all  the  other  powers  and  duties  which  may  be  conferred  and  imposed  upon 
him  by  general  laws. 

Cit7j  Council,  composition,  how  elected,  poivers  and  duties;  ineligibility  of 
jyiemhers  to  certain  offices;  powers  and  duties  as  to  reapportionments;  when 
mandamus  against  council  lies. 

Sec.  121.  There  shall  be  in  every  city  a  council,  composed  of  two  branches 
having  a  different  number  of  members,  whose  powers  and  terms  of  office 
shall  be  prescribed  by  law,  and  whose  members  hall  be  elected  by  the 
qualified  voters  of  such  city,  in  the  manner  prescribed  by  law,  but  so  as 
to  give,  as  far  as  practicable,  to  each  ward  of  such  citj-,  equal  representa- 
tion in  each  branch  of  said  council  in  proportion  to  the  population  of  such 

1  As  amended  by  amendment  adopted  in  November,  1912. 


278    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

ward;  but  in  cities  of  under  ten  thousand  population  the  General  Assembly 
may  permit  the  oouneil  to  consist  of  f)ne  l)ranch.  No  meinl)er  of  the  coun- 
cil shall  be  eligible  duriufi;  his  tenure  of  office  as  such  member,  or  for  one 
year  thereafter,  to  any  office  to  be  filled  by  the  council  by  election  or  ap- 
pointment. The  council  of  every  city  may,  in  a  manner  jirescribed  by 
law,  increase  or  diminish  the  number  and  change  the  boundaries  of  the 
wards  thereof,  and  shall,  in  the  year  nineteen  hundred  and  three,  and  in 
every  tenth  year  thereafter,  and  also  whenever  the  boundaries  of  such  wards 
are  changed,  reapportion  the  representation  in  the  council  among  the 
wards  in  a  manner  {)res('ril)ed  by  law;  and  whenever  the  council  of  any  such 
city  shall  fail  to  perform  the  duty  so  prescribed,  a  mandamus  shall  lie  oa 
behalf  of  any  citizen  thereof  to  compel  its  performance. 

Election  and  terms  of  office  of  city  officers 

Sec.  122.  The  mayors  and  councils  of  cities  shall  be  elected  on  the  sec- 
ond Tuesday  in  June,  and  their  terms  of  office  shall  begin  on  the  first  day 
of  September  succeeding.  All  other  elective  officers,  provided  for  by  this 
article,  or  hereafter  authorized  l:)y  law,  shall  })e  elected  on  the  Tuesday 
after  the  first  Monday  in  November,  and  their  terms  of  office  shall  begin 
on  the  first  day  of  January  succeeding,  except  that  the  terms  of  office  of 
clerks  of  the  city  courts  shall  begin  coincidentally  with  that  of  the  judges 
of  said  courts;  provided,  that  the  General  Assembly  may  change  the  time 
of  election  of  all  or  any  of  the  said  officers,  except  that  the  election  and 
the  beginning  of  the  terms  of  mayors  and  councils  of  cities  shall  not  be 
made  by  the  General  Assembly  to  occur  at  the  same  time  with  the  election 
and  beginning  of  the  terms  of  office  of  the  other  elective  officers  provided 
for  by  this  Constitution. 

Ordinances,  proceedings  to  pass  over  veto  of  Mayor;  as  to  appro- 
priation ordinances  vetoed 

Sec.  123.  Every  ordinaTice,  or  resolution  having  the  effect  of  an  ordi- 
nance, shall,  before  it  becomes  operative,  be  presented  to  the  mayor.  If 
he  approve  he  shall  sign  it;  but  if  not,  if  the  council  consist  of  two  branches, 
he  may  return  it,  with  his  objections  in  writing,  to  the  clerk,  or  other  re- 
cording officer,  of  that  loranch  in  which  it  origitiatod;  which  liranch  shall 
enter  the  objections  at  length  on  its  journal  and  proceed  to  reconsider  it. 
If,  after  such  consideration,  two-thirds  of  all  the  members  elected  thereto 
shall  agree  to  pass  the  ordinance  or  resolution,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  branch,  by  which  it  shall  likewise  be  con- 
sidered, and  if  approved  by  two-thirds  of  all  tiie  members  elected  thereto,. 


CONSTITUTION  OF  VIRGINIA  279 

it  shall  become  operative  notwithstanding  the  objections  of  the  mayor. 
But  in  all  such  cases  the  votes  of  both  branches  of  the  council  shall  be  de- 
termined by  yeas  and  nays,  and  the  names  of  the  members  voting  for  and 
against  the  ordinance  or  resolution  shall  be  entered  on  the  journal  of  each 
Ijranch.  If  the  council  consists  of  a  single  branch,  the  mayor's  objections 
in  writing  to  any  ordinance,  or  resolution  having  the  effect  of  an  ordinance, 
shall  be  returned  to  the  clerk,  or  other  recording  officer  of  the  council, 
and  be  entered  at  length  on  its  journal;  whereupon  the  council  shall  pro- 
ceed to  reconsider  the  same.  Upon  such  consideration  the  vote  shall  be 
taken  in  the  same  manner  as  where  the  council  consists  of  two  branches, 
and  if  the  ordinance  or  resolution  be  approved  by  two-thirds  of  all  the 
meml)ers  elected  to  the  council,  it  shall  become  operative  notwithstanding 
the  objections  of  the  maj^or.  If  any  ordinance  or  resolution  shall  not 
be  returned  by  the  mayor  within  five  days  (Sunday  excepted),  after  it 
shall  have  ])een  presented  to  him,  it  shall  become  operative  in  like  manner 
as  if  he  had  signed  it,  imless  his  term  of  office,  or  that  of  the  council,  shall 
expire  within  said  five  days. 

The  mayor  shall  have  the  power  to  veto  any  particular  item  or  items 
of  an  appropriation  ordin;ince  or  resolution;  but  the  veto  shall  not  affect  any 
item  or  items  to  which  he  does  not  object.  The  item  or  items  objected  to 
shall  not  take  effect  except  in  the  manner  provided  in  this  section  as  to 
ordinances  or  resolutions  not  approved  by  the  tnayor.  No  ordinance  or 
resolution  appropriating  money  exceeding  the  sum  of  one  hundred  dollars, 
imposing  taxes,  or  authorizing  the  borrowing  of  mone}',  shall  be  passed, 
except  by  a  recorded  affirmative  vote  of  a  majority  of  all  the  members 
elected  to  the  council  or  to  each  branch  thereof  where  there  are  two;  and 
in  case  of  the  veto  by  the  maj'or  of  such  ordinance  or  resolution,  it  shall 
require  a  recorded  affirmative  vote  of  two-thirds  of  all  the  members 
elected  to  the  council,  or  to  each  branch  thereof  where  there  are  two,  to 
pass  the  same  over  such  veto  in  the  manner  provided  in  this  section. 
Nothing  contained  in  this  section  shall  operate  to  repeal  or  amend  any 
provision  in  any  existing  city  charter  requiring  a  two-thirds  vote  for  the 
passage  of  any  ordinance  as  to  the  appropriation  of  money,  imposing  taxes 
or  authorizing  the  borrowing  of  money. 

Consent  of  corporate  authorities  necessary  to  use  of  streets,  alleys,  or  public 
grounds  by  certaiji  companies  or  persons 

Sec.  124.  No  street  railway,  gas,  water,  steam,  or  electric  heating,  elec- 
tric light  or  power,  cold  storage,  compressed  air,  viaduct,  conduit,  tele- 
phone, or  bridge,  company,  nor  any  corporation,  association,  person  or 
partnership,  engaged  in  these  or  like  enterprises,  shall  be  perrriicted  to  use' 


280    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

the  streets,  alleys,  or  public  grouiuls  of  a  city  or  town  without  the  previous 
consent  of  the  corporate  authorities  of  such  city  or  town. 


Sale  of  corporate  property  and  granting  of  franchises  by  cities  and  toxms 

Sec.  125.  The  rights  of  no  city  or  town  in  and  to  its  water  front,  wharf 
property,  public  landings,  wharves,  docks,  streets,  avenues,  parks,  bridges, 
and  other  public  places,  and  its  gas,  water,  and  electric  works  shall  be 
sold  except  by  an  ordinance  or  resolution  passed  ijy  a  recordetl  affirmative 
vote  of  three-fourths  of  all  the  members  elected  to  the  council,  or  to  each 
branch  thereof  where  there  are  two,  and  under  such  other  restrictions  as 
may  be  imposed  by  law;  and  in  case  of  the  veto  by  the  mayor  of  such  an 
ordinance  or  resolution,  it  shall  require  a  recorded  affirmative  vote  of 
three-fourths  of  all  the  members  elected  to  the  council,  or  to  each  branch 
thereof  where  there  are  two,  had  in  the  manner  heretofore  provided  for 
in  this  article,  to  -pass  the  same  ov(>r  the  veto.  No  franchise,  lease  or 
right  of  any  kind  to  use  such  jjublic  property  or  any  other  public  property, 
or  easement  of  any  description,  in  a  manner  not  permitted  to  the  general 
public,  shall  be  granted  for  a  longer  period  than  thirty  years.  Before 
granting  any  such  franchise  or  privilege  for  a  term  of  years,  excejit  for  a 
trunk  railway,  the  municiijalily  shall  first,  after  due  advertisement,  re- 
ceive bids  therefor  publicly,  in  such  mamier  as  may  be  provide'd  by  law, 
and  shall  then  act  as  may  be  required  by  law.  Such  grant,  and  any  con- 
tract in  i)ursuance  thereof,  may  provide  that  upon  the  termination  of  the 
grant  the  plant,  as  well  as  the  property,  if  any,  of  the  grantee  in  the 
streets,  avenues,  and  other  public  places  shall  thereupon,  without  compen- 
sation to  the  grantee,  or  upon  the  payment  of  a  fair  valuation  therefor, 
be  and  become  the  property  of  the  said  city  or  town;  but  the  grantee  shall 
be  entitled  to  no  payment  by  reason  of  the  value  of  the  franchise;  and 
any  such  plant  or  property  acquired  by  a  city  or  town  may  be  sold  or 
leased,  or,  if  authorized  by  law,  maintained,  controlled  and  operated,  by 
such  city  or  town.  Everj'  such  grant  shall  s])ecify  the  mode  of  determin- 
ing any  valuation  therein  provided  for,  and  shall  make  adequate  provision 
by  way  of  forfeiture  of  the  grant,  or  otherwise,  to  secure  efficiency  of  pub- 
lic service  at  reasonable  rates,  and  the  maintenance  of  the  property  in 
good  order  throughout  the  term  of  the  grant.  Nothing  herein  contained 
shall  be  construed  as  preventing  the  General  Assembly  from  prescriljing 
additional  restrictions  on  the  powers  of  cities  and  towns  in  granting  fran- 
chises or  in  selling  or  leasing  any  of  their  property,  or  as  repealing  any 
additional  restriction  now  required  in  relation  thereto  in  any  existing 
municipal  charter. 


CONSTITUTION  OF  VIRGINIA  281 

Corporate  limits,  contraction  or  extension  of,  General  Assem- 
bly shall  provide  for 

Sec.  126.  The  General  As.sembly  shall  jirovidc  by  general  laws  for  the 
oxten-sion  and  the  contraction,  from  time  to  time,  of  the  corporate  limits 
of  cities  and  towns;  and  no  special  act  for  such  purpose  shall  be  valid. 

Concerning  bonded  indebtedness  of  cities  and  towns 

Sec.  127.  No  city  or  town  shall  issue  bonds  or  other  interest-bearing 
obligations  for  any  purpose,  or  in  any  manner,  to  an  amount  which,  in- 
cluding; existing  indebtedness,  shall,  at  any  time,  exceed  eighteen  per 
centum  of  the  assessed  valuation  of  he  real  estate  in  the  city  or  town 
subject  to  taxation,  as  shown  by  the  last  preceding  assessment  for  taxes; 
provided,  however,  that  nothing  above  contained  in  this  section  shall 
apply  to  those  cities  and  towns  whose  charters  existing  at  the  adoption 
of  this  Constitution  authorize  a  larger  percentage  of  indebtedness  than  is 
authorized  by  this  section;  and  provided  further,  that  in  determining  the 
limitation  of  the  power  of  a  city  or  town  to  incur  indebtedness,  there  shall 
not  be  included  the  following  classes  of  indebtedness: 

(a)  Certificates  of-  'ndebtedness,  revenue  bonds  or  other  obligations 
issued  in  anticipation  of  the  collection  of  the  revenue  of  such  city  or  town 
for  the  then  current  year;  provided,  that  such  certificates,  bonds  or  other 
obligations  mature  within  one  year  from  the  date  of  their  issue,  and  be 
not  past  due,  and  do  not  exceed  the  revenue  for  such  year. 

(b)  Bonds  authorized  by  an  ordinance  enacted  in  accordance  with  sec- 
tion One  Hundred  and  Twenty-three,  and  approved  by  the  affirmative 
vote  of  the  majority  of  the  qualified  voters  of  the  city  or  town  voting  upon 
the  question  of  their  issuance,  at  the  general  election  next  succeeding  the 
enactment  of  the  ordinance,  or  at  a  special  election  held  for  that  purpose, 
for  a  supply  of  water  or  other  specific  undertaking  from  which  the  city  or 
town  may  derive  revenue;  but  from  and  after  a  period  to  be  determined 
by  the  council,  not  exceeding  five  years  from  the  date  of  such  election, 
whenever  and  for  so  long  as  such  undertaking  fails  to  produce  sufficient 
revenue  to  pay  for  the  cost  of  operation  and  administration  (including 
interest  on  bonds  issued  therefor,  and  the  cost  of  insurance  against  loss 
bj'  injur}'  to  persons  or  property),  and  an  annual  amount  to  be  covered 
into  a  sinking  fund  sufficient  to  pay,  at  or  before  maturity,  all  bonds  issued 
on  account  of  said  undertaking,  all  such  bonds  outstanding  shall  be  included 
in  determining  the  Umitation  of  the  power  to  incur  indebtedness,  unless 
the  principal  and  interest  thereof  be  made  payable  exclusively  from  the 
receipts  of  the  undertaking. 


282    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Assessment  of  real  estate  therein 

Sec.  128.  In  cities  and  towns  the  assessment  of  real  estate  and  personal 
property  for  the  i)urj)ose  of  municipal  taxation,  shall  be  the  same  as  the 
assessment  thereof  for  the  purpose  of  State  taxation,  whenever  there 
shall  be  a  State  assessment  of  such  property. 


Article  IX.  Education  and  Public  Instruction 

Free  schools  to  he  maintained 

Sec.  129.  The  General  Assemlily  shall  establish  and  maintain  an  effi- 
cient system  of  public  free  schools  throughout  the  State. 

State  Board  of  Education,  composition;  vacancies,  how  filled 

Sec.  1.30.  The  general  supervision  of  the  school  system  shall  be  vested 
in  a  State  Board  of  Education,  composed  of  the  Governor,  Attorney  Gen- 
eral, Sui)(>rinten(lent  of  Public  Instruction,  and  three  experienced  edu- 
cators to  be  elected  quadreiniially  by  the  Senate,  from  a  list  of  eligibles, 
consisting  of  one  from  each  of  llie  faculties,  and  nominated  by  the 
respective  boards  of  visitors  or  trustees,  of  the  University  of  Virginia,  the 
Virginia  Military  Institute,  the  Virginia  Polytechnic  Institute,  the  State 
Female  Normal  School  at  Fannville,  the  School  for  the  Deaf  and  Blind, 
and  also  of  the  College  of  William  and  Mary,  so  long  as  the  State  con- 
tinues its  annual  appropriation  to  the  last  named  institution. 

The  board  thus  constituted  shall  select  and  associate  with  itself  two  di- 
vision superintendents  of  schools,  one  from  a  county  and  the  other  from 
a  city,  who  shall  hold  office  for  two  years,  and  whose  pow(>rs  and  duties 
shall  be  identical  with  those  of  other  members,  except  that  they  shall  not 
participate  in  the  appointment  of  any  pulilic  school  official. 

Any  vacancy  occurring  iluring  the  term  of  any  member  of  the  board 
shall  be  filled  for  tlie  unexpired  term  by  said  board. 

Superintendent  of  Public  Instruction,  how  elected,  term  of  office; 
how  racancics  filled,  duties 

Sec.  131.  The  Superintendent  of  Public  Instruction,  who  .shall  be  an 
experienced  educator,  shall  be  elected  by  the  qualified  voters  of  the  State 
at  the  same  time  and  for  the  same  term  as  the  Governor.  Any  vacancy 
in  said  office  shall  Ix;  filled  for  the  unexpired  term  by  the  said  l)oard. 

His  duties  shall  be  prescribetl  by  the  State  Board  of  Education,  of  which 
he  shall  be  ex-officio  president;  and  his  compensation  shall  be  fixed  by  law. 


CONSTITUTION  OT  \IRGINTA  283 

Poivers  and  duties  of  State  Board  of  Education 

Sec.  132.  The  duties  and  powers  of  the  State  Board  of  Education  shall 
be  as  follows: 

First.  It  may,  in  its  discretion,  divide  the  State  into  appropriate  school 
divisions,  comprisins;  not  less  than  one  count}^  or  city  each,  but  no  county 
or  city  shall  be  divided  in  the  formation  of  such  divisions.  It  shall,  sub- 
ject to  the  confirmation  of  the  Senate,  appoint,  for  each  of  such  divisions, 
one  superintendent  of  schools,  who  shall  hold  office  for  four  years,  and  shall 
prescribe  his  duties,  and  may  remove  him  for  cause  and  upon  notice. 

Second.  It  shall  have,  regulated  by  law,  the  management  and  invest- 
ment of  the  school  fund. 

Third.  It  shall  have  authority  to  make  all  needful  rules  and  regulations 
for  the  manngenncnt  and  conduct  of  the  schools,  which,  when  published  and 
distributed,  shall  have  the  force  and  effect  of  law,  subject  to  the  authority 
of  the  General  A-ssembly  to  revise,  amend,  or  repeal  the  same. 

Fourth.  It  shall  select  text  books  and  educational  appliances  for  use  in 
the  schools  of  the  State,  exercising  such  discretion  as  it  ma}'  see  fit  in  the 
selection  of  books  suitable  for  the  schools  in  the  cities  and  counties  re- 
spectively. 

Fifth.  It  shall  appoint  a  board  of  directors,  consisting  of  five  members, 
to  serve  without  compensation,  which  shall  have  the  management  of  the 
.  State  Library  and  the  appointment  of  a  librarian  and  other  employees 
thereof,  subject  to  such  rules  and  regulations  as  the  General  Assembly 
shall  prescribe;  but  the  Supreme  Court  of  Appeals  shall  have  the  manage- 
ment of  the  law  library  and  the  appointment  of  the  librarian  and  other 
employees  thereof. 

School  districts;  school  trustees 

Sec.  13.3.  ^  Each  magisterial  district  shall  constitute  a  separate  school 
district,  unless  otherwise  provided  by  law.  In  each  school  district  there 
shall  be  not  more  than  three  trustees  selected,  in  the  manner  and  for  the 
term  of  office  prescribed  by  law. 

Men  and  women  may  serve  as  school  trustees  in  said  districts,  and  in 
cities  and  in  towns  forming  separate  school  districts. 

Literary  fund 

Sec.  134.  The  General  A.ssembly  shall  set  apart,  as  a  permanent  and 
perpetual  literary  fund,  the  present  literary  fund  of  the  State;  the  proceeds 
of  all  public  lands  donated  by  Congress  for  public  free  school  purposes; 

1  As  amended  by  amendment  adopted  November  2,  1920. 


284    GOVERNMKXT  A.NU  POLITICS  IN  VIRGINIA 

of  all  escheated  property;  of  all  waste  and  unappropriated  lands;  of  all 
property  accruing  to  the  State  by  forfeiture,  and  all  fines  collected  for 
offences  comnuttod  against  the  State,  and  such  other  sums  as  the  General 
Assembly  may  approjjriate. 

Appropriations  for  school  purposes,  school  age 

Sec.  135.  The  General  Assembly  shall  apply  the  annual  interest  on  the 
literary  fund;  that  portion  of  the  capitation  tax  provided  for  in  the  Con- 
stitution to  be  paid  into  the  State  treasury,  and  not  returnable  to  the  coun- 
ties and  cities;  and  an  aunual  tax  on  jiropcrty  of  not  less  than  one  nor 
more  than  five  mills  on  the  dollar  to  the  schools  of  the  primary  and  gram- 
mar grades,  for  the  equal  benefit  of  all  of  the  people  of  the  State,  to  be 
apportioned  on  a  basis  of  school  population;  the  number  of  children  be- 
tween the  ages  of  seven  and  twenty  years  in  each  school  district  to  be  the 
basis  of  such  apportionment;  but  if  at  any  time  the  several  kinds  or  classes 
of  property  shall  be  segregated  for  the  purposes  of  taxation,  so  as  to  specify 
and  determine  upon  what  subjects  State  taxes  and  upon  what  subjects 
local  taxes  may  be  levied,  then  the  General  Assembly  may  otherwise  pro- 
vide for  a  fixed  appropriation  of  State  revenue  to  the  support  of  the  schools 
not  less  than  that  provided  in  tliis  section. 

Local  school  taxes 

Sec.  136.  ^  Each  county,  city,  town,  if  the  same  be  a  separate  school  dis- 
trict, and  school  district  is  authorized  to  raise  additional  sums  by  a  tax 
on  property,  not  to  exceed  in  the  aggregate  in  any  one  year  a  rate  of  levy 
to  be  fixed  by  law,  to  be  apportioned  and  expended  by  the  local  school 
authorities  of  said  counties,  cities,  towns  and  districts  in  establishing  and 
maintaining  such  schools  as  in  their  judgment  the  public  welfare  may  re- 
quire; provided  that  such  primary  schools  as  may  be  established  in  any 
school  year,  shall  be  maintained  at  least  four  months  of  that  school  year, 
before  any  part  of  the  fund  assessed  and  collected  may  be  devoted  to  the 
establishment  of  schools  of  higher  grade.  The  boards  of  supervisors  of 
the  several  counties,  and  the  councils  of  the  several  cities,  and  towns,  if 
the  same  be  separate  school  districts,  shall  provide  for  the  levy  and  col- 
lection of  such  local  school  taxes. 

Agricultural,  normal,  manual  training  and  technical  schools 

Sec.  137.  The  General  Assembly  may  establish  agricultural,  normal, 
manual  training  and  technical  schools,  and  such  grades  of  schools  as  shall 
be  for  the  public  good. 

1  As  amended  by  amendment  adopted  November  2,  1920. 


CONSTITUTION  OF  VIRGINIA  285 

Compulsory  education;  exceptions 

Sec.  138.  ^  The  General  Assembly  may,  in  its  discretion,  provide  for  the 
compulsory  education  of  children  of  school  age. 

Free  text-books 

Sec.  139.  Provision  siuiU  be  made  to  supply  cliildren  attending  the  pub- 
lic schools  with  the  necessary  text-books  in  cases  where  the  parent  or  guar- 
dian is  unable,  by  reason  of  poverty,  to  furnish  them. 

Mixed  schools  prohibited 

Sec.  140.  White  and  colored  cliildren  shall  not  be  taught  in  the  same 
school. 

State  appropriations  prohibited  to  schools  or  institntions  of  learning  not 
owned  or  exclusively  controlled  by  State  or  some  subdivision  thereof;  ex- 
ceptions to  rule 

Sec.  141.  Xo  appropriation  of  public  funds  shall  be  made  to  any  school 
or  institution  of  learning  not  owned  or  exclusively  controlled  by  the  State 
or  some  political  subdivision  thereof;  provided,  first,  that  the  General 
Assembly  may,  in  its  discretion,  continue  the  appropriations  to  the  Col- 
lege of  William  and  Mary;  second,  that  this  section  shall  not  be  construed 
as  requiring  or  prohibiting  the  continuance  or  discontinuance  by  the  Cxen- 
eral  Assembly  of  the  payment  of  interest  on  certain  bonds  held  by  certain 
schools  and  colleges  as  provided  bj'  an  act  of  the  General  Assembly,  ap- 
proved February  twenty-third,  eighteen  hundred  and  ninety-two,  relating 
to  bonds  held  by  schools  and  colleges;  third,  that  counties,  cities,  towns- 
and  districts  may  make  appropriations  to  non-sectarian  schools  of  manual, 
industrial,  or  technical  training,  and  also  to  any  school  or  institution  of 
learning  owned  or  exclusively  controlled  l^y  such  county,  city,  town,  or 
school  district. 

Board  of  visitors  and  trustees  of  educational  institutions,  how. 
appointed,  and  term  of  office 

Sec.  142.  Members  of  the  boards  of  visitors  or  trustees  of  educational 
institutions  shall  be  appointed  as  may  be  provided  by  law,  and  shall  hold 
for  the  term  of  four  years;  provided,  that  at  the  first  appointment,  if  the 
board  be  of  an  even  number,  one-half  of  them,  or  if  of  an  odd  number,  the 
least  majority  of  them,  shall  be  appointed  for  two  years. 

1  As  amended  by  amendment  adopted  November  2,  1920. 


286    r,0\'l-.R\I\Tl-\T  AND  POIITICS  1\   \IK(".1MA 

Aktkij;  X.  A(;i{i(i  i.Ti  KK  and  Immigration 

Department  of  Agriculture  and  Immigration,  ichere  maintained,  how  con- 
trolled, composition,  qualification  of  members,  how  appointed  and  term  of 
office 

Sec.  14;;.  There  shall  be  a  Department  of  Agriculture  and  Immigration, 
which  shall  he  permanently  maintained  at  the  capital  of  the  State,  and 
wliicii  shall  l)e  under  the  management  and  control  of  a  Board  of  Agricul- 
ture and  Immigration,  composed  of  one  meml)er  from  each  congressional 
district,  who  shiill  be  a  practical  farmer,  appointed  by  the  Governor  for 
a  term  of  four  years,  subject  to  confirmation  by  the  Senate,  and  the  pres- 
ident of  the  Virginia  Polytechnic  Institute,  who  shall  be  ex-officio  a  member 
of  the  board;  provided,  that  members  of  the  board  first  appointed  under 
tills  Constitution  from  the  congressional  districts  bearing  odd  luimbers 
shall  hold  office  for  two  years.  ' 

Poivers  and  duties  of  same 

Sec.  144.  The  powers  and  duties  of  tlie  Ixmrd  shall  be  prescribed  by 
law;  provided,  that  it  sliall  have  power  to  elect  and  remove  its  officers, 
and  establi.sh  elsewhere  in  the  State  sulxjrdinate  l)ranches  of  said  depart- 
ment. 

Commissioner  of  Agriculture  and  Immigration;  term  of  office;  how 
elected;  poirers  and  duties 

Sec.  145.  There  shall  be  a  Commissioner  of  Agriculture  and  Inunigra- 
tion,  whose  term  of  office  shall  be  four  years,  and  who  shall  be  elected  by 
the  qualified  voters  of  the  State,  and  w  liosc  jxiwcrs  and  duties  shall  be  pre- 
scrii)ed  by  the  Board  of  Agriculture  and  Innnigratidii  until  otherwise  pro- 
vided by  law.  ' 

President  of  Board  of  Agriculture  and  I mmigration  to  he  ex-officio  member 
of  Board  of  Visitors  of  Virginia  Polytechnic  Institute 

Sec.  146.  The  President  of  the  Board  of  Agriculture  and  Immigration 
shall  be  ex-officio  a  member  of  the  Board  of  Visitors  of  the  Virginia  Poly- 
technic Institute. 

Article  XI.  Public  I.nstitutions  and  Prisons 
State  Penitentiary 

Sec.  147.  There  shall  be  a  State  penitentiary,  with  .such  branch  prisons 
and  prison  farms  as  may  be  provided  by  law. 


CONSTITUTION  OF  VIRGINIA  287 

Board  of  directors  of  same,  number,  how  appointed,  powers;  super- 
intendents and  surgeons 

Sec.  148.  There  shall  be  appointed  by  the  Governor,  subject  to  confir- 
mation by  the  Senate,  a  board  of  five  directors,  which,  subject  to  such  reg- 
ulations and  re(iuirenients  as  may  be  prescribed  by  law,  shall  have  the 
government  and  control  of  the  penitentiary,  branch  prisons  and  prison 
farms,  and  shall  appoint  the  superintendents  and  surgeons  thereof.  The 
respective  superintendents  shall  appoint,  and  may  remove,  all  other  offi- 
cers and  employees  of  the  penitentiary,  branch  prisons  and  prison  farms, 
subject  to  the  approval  of  the  board  of  directors.  The  superintendents 
and  surgeons  shall  be  appointed  for  a  term  of  four  years,  and  be  removable 
by  the  board  of  directors  for  misbehavior,  incapacity,  neglect  of  official 
duty,  or  acts  performed  without  authority  of  law.  The  terms  of  the  di- 
rectors first  appointed  shall  be  one,  two,  three,  four  and  five  years,  re- 
spectively, and  thereafter,  upon  the  e.xpiration  of  the  term  of  a  director, 
his  successor  shall  be  appointed  for  a  term  of  five  years. 

Boards  of  directos  for  State  Hospitals  for  the  Insane,  number  of  members; 
how  appointed,  powers  and  terms  of  office 

Sec.  149.  For  each  State  hospital  for  the  insane  now  existing,  or  hereafter 
established,  there  shall  be  a  special  board  of  directors,  consisting  of  three 
memlaers,  who  shall  be  appointed  l)y  the  Governor,  subject  to  confirma- 
tion by  the  Senate;  such  board  shall  have  the  management  of  the  hospital 
for  which  it  is  appointed,  under  the  supervision  and  control  of  the  general 
board  of  directors  hereinafter  constituted.  The  terms  of  the  directors 
first  appointed  shall  be  two,  foiu',  and  six  years,  respectively,  and  thereafter, . 
upon  the  expiration  of  tne  term  of  a  member,  his  successor  shall  be  ap- 
pointed for  a  term  of  six  years. 

General  board  of  directors  of  State  Hospitals  for  the  Insane, 
composition  and  powers 

Sec.  150.  There  shall  be  a  general  board  of  directors  for  the  control  and 
management  of  all  State  hospitals  for  the  insane  now  existing  or  hereafter 
established,  which  shall  consist  of  all  the  directors  appointed  members  of 
the  several  special  boards.  The  general  board  of  directors  shall  be  sub- 
ject to  such  regulations  and  requirements  as  the  General  Assembly  may 
from  time  to  time  prescribe,  and  shall  have  full  power  and  control  over 
the  special  boards  of  directors  and  all  of  the  officers  and  employees  of  the 
said  hospitals. 


288    GOVERNMENT  AND   I'OI.ITIGS  IX  \IRGINIA 

Superititendents  of  State  Hosjrilals  for  the  Insane;  how  appointed;  how  and 
for  ivhat  removable;  powers;  how  other  resident  officers  of  insane  hospitals 
appointed;  terms  of  office  of  superintendents 

Pec.  151.  Tho  poiioral  l)Oiird  of  directors  sl;;ill  apiioint  for  a  term  of  four 
years  a  superintemlent  for  each  hospital,  who  shall  bo  removable  by  said 
board  for  misbehavior,  incapacity,  neglect  of  official  duty,  or  acts  per- 
formed without  authorit}^  of  law.  The  special  board  of  each  hospital 
shall,  subject  to  the  approval  of  the  general  board,  appoint  for  a  term  of 
four  years  all  other  resident  officers.  The  superintendent  of  each  hospital 
shall  appoint,  and  may  remove,  with  the  approval  of  the  special  board, 
all  other  employees  of  such  hospital. 

Commissioner  of  State  Hospitals  for  the  Insane;  how  appointed;  term  of 
office,  powers  and  duties;  bond,  salary 

Sec.  152.  There  shall  !)(•  a  Commissioner  of  State  Hospitals  for  the  In- 
sane, who  shall  be  appointed  by  the  Governor,  subject  to  confirmation 
by  the  Senate,  for  a  term  of  four  years.  He  shall  be  ex-officio  chairman  of 
the  general  and  of  each  cf  the  special  boards  of  directors,  and  shall  be  re- 
sponsible for  the  projier  disbursement  of  all  monej'S  appropriated  or  re- 
ceived from  any  source  for  the  maintenance  of  such  hospitals;  he  shall 
cause  to  be  established  and  maintained  at  all  of  the  hospitals  a  uniform 
system  of  keeping  the  records  and  the  accounts  of  money  received  and  dis- 
bursed and  of  making  the  reports  thereof.  He  shall  perform  such  other 
duties  and  shall  execute  such  bond  and  receive  such  salary  as  may  be  pre- 
scribed by  law. 

AhTICLE  Xll.    COKPOK.VTIONS 

Definition  of  terms  iiscd  in  article;  article  not  to  conflict  with 
Federal  Constitution 

Sec.  153.  As  used  in  this  article,  the  term  "corporation"  or  "company" 
shall  include  all  trusts,  associations  and  joint  stock  companies  having  any 
powers  or  privileges  not  possessed  by  individuals  or  unlimited  partnerships, 
and  exclude  all  municipal  corporations  and  public  institutions  owned  or 
controlled  by  the  State;  the  term  "charter"  shall  be  construed  to  mean  the 
charter  of  incorporation  by,  or  under,  w  hich  any  such  corporation  is  formed; 
the  term  "transportation  company"  shall  include  any  company,  trustee, 
or  other  person  owning,  leasing  or  operating  for  hire  a  railroad,  street  rail- 
waj',  canal,  steamboat  or  steamship  line,  and  also  any  freight  car  company, 
car  association,  or  car  trust,  express  company,  or  company,  trustee  or 
person  in  any  way  engaged  in  business  as  a  common  carrier  over  a  route 
acquired  in  whole  or  in  part  under  the  right  of  eminent  domain;  the  term 


CONSTITUTION  OF  VIRGINIA  289 

"rate"  shall  be  construed  to  mean  "rate  of  charge  for  any  service  rendered 
or  to  be  rendered";  the  terms  "rate,"  "charge"  and  "regulation"  shall 
include  joint  rates,  joint  charges  and  joint  regulations,  respectively;  the 
term  "transmission  company"  shall  include  any  company  owning,  leasing, 
or  operating  for  hire,  any  telegraph  or  telephone  line;  the  term  "freight" 
shall  be  construed  to  mean  any  property  transported,  or  received  for  trans- 
portation, by  any  transportation  company;  the  term  "public  service  cor- 
poration" shall  include  all  transportation  and  transmission  companies, 
all  gas,  electric  light,  heat  and  power  companies,  and  all  persons  authorized 
to  exercise  the  right  of  eminent  domain,  or  to  use  or  occupy  any  street, 
alley  or  public  highway,  whether  along,  over,  or  under  the  same,  in  a  man- 
ner not  permitted  to  the  general  public;  the  term  "person,"  as  used  in 
this  article,  shall  include  individuals,  partnerships  and  corporations,  in 
the  singular  as  well  as  the  plural  number;  the  term  "bond"  shall  mean  all 
certificates,  or  written  evidences,  of  indebtedness  issued  by  any  corpora- 
tion and  secured  by  mortgage  or  trust  deed;  the  term  "frank"  shall  be 
construed  to  mean  any  writing  or  token,  issued  bj^,  or  under  authority  of, 
a  transmission  company,  entitling  the  holder  to  any  service  from  such 
compan.y  free  of  charge.  The  provisions  of  this  article  shall  always  be 
so  restricted  in  their  application  as  not  to  confhct  with  any  of  the  pro- 
visions of  the  Constitution  of  the  United  States,  and  as  if  the  necessary 
limitations  upon  their  interpretation  had  been  herein  expressed  in  each  case. 

.4.5  to  chartering  of  corporations  and  legislation  relating  thereto  by  General 
Assembly;  surrender  of  charters;  special  acts  regidating  corporations  pro- 
hibited 

Sec.  154.  The  creation  of  corporations,  and  the  extension  and  amend- 
ment of  charters  (whether  heretofore  or  hereafter  granted),  shall  be  pro- 
vided for  by  genera'  laws,  and  no  charter  shall  be  granted,  amended  or 
extended  by  special  act.  nor  shall  authority  in  such  matters  be  conferred 
upon  any  tribunal  or  officer,  except  to  ascertain  whether  the  applicants 
have,  by  complying  with  the  requirements  of  the  law,  entitled  themselves 
to  the  charter,  amendment  or  extension  apphed  for,  and  to  issue,  or  refuse, 
the  same  accordingly.  Such  general  laws  may  be  amended  or  repealed 
by  the  General  Assembly;  and  all  charters  and  amendments  of  charters, 
now  existing  and  revocable,  or  hereafter  granted  or  extended,  may  be  re- 
pealed at  any  time  by  special  act.  Provision  shall  be  made,  by  general 
laws,'  for  the  voluntary  surrender  of  its  charter  by  any  corporation,  and 
for  the  forfeiture  thereof  for  non-user  or  mis-user.  The  General  Assembly 
shall  not,  by  special  act,  regulate  the  affairs  of  any  corporation,  nor,  by 
such  act,  give  it  any  rights,  powers  or  privileges. 


290    GOX'KRXMFXT  AXD  POT.TTTrS  TX  \'TRGINIA 

<S7a/e  Corporation  Coinmifision;  how  appoiiUeil;  term  of  office;  how  vacancies 
filled;  who  ineligible;  qualifications  of  at  least  one  member;  how  removed 
or  impeached;  officers,  how  elected;  rides  of  order  and  procedure;  general 
provisions;  snlnries;  election  of  members  after  January  1,  1.908;  how  va- 
cancies then  filled 

Sec.  155.  A  permanent  commission,  to  consist  of  three  members,  is 
hereby  created,  which  shall  l)e  known  as  the  State  Corporation  Commis- 
sion. The  commissioners  shall  be  appointed  by  the  Governor,  subject 
to  confirmation  by  the  General  Assembly  in  joint  session,  and  their  regu- 
lar terms  of  office  shall  be  six  j'ears,  respectively,  except  those  first  ap- 
pointed under  this  Constitution,  of  whom,  one  shall  be  appointed  to  hold 
office  until  the  first  day  of  Fel)niarv,  nineteen  hundred  and  four,  one,  until 
the  first  day  of  February,  nineteen  huiub-cd  and  six,  and  one,  until  the 
first  day  of  February,  nineteen  hundred  and  ei^ht.  Whenever  a  vacancy 
in  the  commission  shall  occur,  the  Governor  shall  forthwith  appoint  a 
qualified  person  to  fill  the  same  for  the  unexpired  term,  subject  to  confir- 
mation by  the  General  .Assembly  as  aforesaid.  Commissioners  appointed 
for  regular  terms  shall,  at  the  beginning  of  the  terms  for  which  appointed, 
and  those  appointed  to  fill  vacancies  shall,  immediately  upon  their  ap- 
pointments, enter  upon  the  duties  of  their  office;  but  no  person  so  ap- 
pointed, either  for  a  regular  term,  or  to  fill  a  vacancy,  shall  enter  ui)on, 
or  continue  in,  office  after  the  General  Assembly  shall  have  refused  to 
confirm  his  appointment,  or  adjourned  sine  die  without  confirming  the 
same,  nor  shall  he  be  eligible  for  reappointment  to  fill  the  vacancy  caused 
by  such  refusal  or  failure  to  confirm.  No  person  while  employed  by,  or 
holding  any  office  in  relation  to,  any  transportation  or  transmission  com- 
pany, or  while  in  any  wise  financially  interested  therein,  or  while  engaged 
in  practicing  law,  shall  hold  office  as  a  member  of  said  commission,  or 
perform  any  of  the  duties  thereof.  At  least  one  of  the  commissioners  shall 
have  the  qualifications  prescribed  for  judges  of  the  SuiJrcine  Court  of 
Appeals;  antl  any  commissioner  maj^  be  impeached  or  removed  in  the  man- 
ner provided  for  the  impeachment  or  removal  of  a  judge  of  said  court. 
The  commission  shall  annually  elect  one  of  their  members  chairman  of 
the  same,  and  shall  have  one  clerk,  one  bailiff  and  such  other  clerks,  offi- 
cers, assistants  and  subordinates  as  may  be  provideil  by  law,  all  of  whom 
shall  be  appointed,  and  subject  to  removal,  by  the  commission.  It  shall 
prescribe  its  own  rules  of  order  and  procedure,  except  so  far  as  the  same 
are  specified  in  this  Constitution  or  any  amendment  thereof.  The  Gen- 
eral Assembly  may  estal)hsh  within  tiie  department,  and  subject  to  the 
supervision  and  control  of  the  commission,  subordinate  divisions,  or  bu- 
jeaus,  of  insiu"ance,  banking  or  other  special  branches  of  the  business  of 


CONSTITUTION  OF  VIRGINIA  291 

that  department.  All  sessions  of  the  commission  shall  be  public,  and  a 
permanent  record  shall  be  kept  of  all  its  judgments,  rules,  orders,  findings 
and  decisions,  and  of  all  reports  made  to,  or  by,  it.  Two  of  the  commis- 
sioners shall  constitute  a  quorum  for  the  transaction  of  business,  whether 
there  be  a  vacancy  in  the  commission  or  not.  The  commission  shall  keep 
its  office  open  for  business  on  every  day  except  Sundays  and  legal  holidaj's. 
Transportation  companies  shall  at  all  times  transport,  free  of  charge, 
within  this  State,  the  members  of  said  commission  and  its  officers,  or  any 
of  them,  when  engaged  on  their  official  duties.  The  General  Assembly 
shall  provide  suitable  quarters  for  the  commission  and  funds  for  its  law-ful 
expenses,  including  pay  for  witnesses  summoned,  and  cost  of  executing 
processes  issued,  by  the  ?ommission  of  its  own  motion;  and  shall  fix  the 
salaries  of  the  members,  clerks,  assistants  and  suljordinates  of  the  com- 
mission and  provide  for  the  payment  thereof;  but  the  salary  of  each  com- 
missioner shall  not  be  less  than  four  thousand  dollars  per  annum.  After 
the  first  day  of  January,  nineteen  hundred  and  eight,  the  General  As- 
sembly may  provide  for  the  election  of  the  members  of  the  commission 
by  the  qualified  voters  of  the  State;  in  which  event,  vacancies  there- 
after occurring  shall  be  filled  as  hereinbefore  provided,  until  the  expi- 
ration of  twenty  days  after  the  next  general  election,  held  not  less  than 
sixty  days  after  the  vacancy  occurs,  at  which  election  the  vacancy  shall  be 
filled  for  the  residue  of  the  unexpired  term. 

Powers,  duties  and  method  of  procedure  of  commission 

Sec.  156  (a)  Subject  to  the  provisions  of  this  Constitution  and  to  such 
requirements,  rules  and  regulations  as  may  be  prescribed  by  law,  the  State 
Corporation  Commission  shall  be  the  department  of  government  through 
which  shall  be  issued  all  charters  and  amendments  or  extensions  thereof, 
for  domestic  corporations,  and  all  licenses  to  do  business  in  this  State  to 
foreign  corporations;  and  through  which  shall  be  carried  out  all  the  provisions 
of  this  Constitution,  and  of  the  laws  made  in  pursuance  thereof,  for  the  cre- 
ation, visitation,  supervision,  regulation  and  control  of  corporations  char- 
tered by,  or  doing  business  in,  this  State.  The  commission  shall  prescribe 
the  forms  of  all  reports  which  may  be  required  of  such  corporations  by 
this  Constitution  or  by  law;  it  shall  collect,  receive  and  pi'eserve  such  re- 
ports, and  annually  tabulate  and  publish  them  in  statistical  form;  it  shall 
have  all  the  rights  and  powers  of,  and  perform  all  the  duties  devolving 
upon,  the  Railroad  Commissioner  and  the  Board  of  Public  Works,  at  the 
time  this  Constitution  goes  into  effect,  except  so  far  as  they  are  incon.sistent 
with  this  Constitution,  or  may  be  hereafter  abolished  or  changed  by 
law. 


292    GOXKRNMENT  AND  POLITICS  L\  \TRGINIA 

(b)  The  commission  shall  have  the  power,  and  be  charged  with  the  duty, 
■of  supervising,  regulating  and  controlling  all  transportation  and  trans- 
nn'ssion  conii)anies  doing  business  in  this  State,  in  all  matters  relating  to  the 
IH-rforniance  of  their  public  duties  and  their  charges  therefor,  and  of  cor- 
recting abuses  therein  l)y  such  companies;  and  to  that  end  the  commission 
shall,  from  time  to  time,  prescribe,  and  enforce  against  such  com])anies, 
in  the  manner  hereinafter  authorized,  such  rates,  charges,  classifications 
of  traffic,  and  rules  and  regulations,  and  shall  require  them  to  establish 
and  maintain  all  such  public  service,  facilities  and  conveniences,  as  may 
be  reasonable  and  just,  which  said  rates,  charges,  classifications,  rules, 
regulations  and  requirements,  the  commission  may,  from  time  to  time, 
alter  or  amend.  All  rates,  charges,  classifications,  rules  and  regulations 
adopted  or  acted  upon,  by  any  such  company,  inconsistent  with  those  pre- 
scribed by  the  commission,  within  the  scope  of  its  authority,  shall  be 
imlawful  and  void.  The  commission  shall  also  have  the  right  at  all  times 
to  inspect  the  books  and  papers  of  all  transportation  and  transmission 
companies  doing  business  in  this  State,  and  to  require  from  such  companies, 
from  time  to  time,  special  reports  and  statpin(>nts  uiulor  oath,  concerning 
their  business;  it  shall  keep  itself  fully  informed  of  the  physical  condition 
of  all  the  railroads  of  the  State,  as  to  the  manner  in  which  they  are  oper- 
ated, with  reference  to  the  security  and  accommodation  of  the  public, 
and  shall,  from  time  to  time,  make  and  enforce  such  requirements,  rules 
and  regulations  as  may  be  necessary  to  prevent  unjust  or  unreasonable 
discriminations  by  any  transportation  or  transmission  company  in  favor 
of,  or  against,  any  person,  locality,  community,  connecting  line,  or  kind 
of  traffic,  in  the  matter  of  car  service,  train  or  boat  schedule,  efficiency 
of  transportation  or  otherwise,  in  connection  with  the  jjublic  duties  of  such 
company.  Before  the  commission  shall  prescribe  or  fix  any  rate,  charge, 
or  classification  of  traffic,  and  before  it  shall  make  any  order,  rule,  regu- 
lation or  requirement  directed  against  any  one  or  more  companies  by 
name,  the  company  or  companies  to  be  affected  by  such  rate,  charge, 
classification,  order,  rule,  regulation  or  requirement,  shall  first  be  given, 
l)y  the  commission,  at  least  ten  days'  notice  of  the  time  and  place,  when 
and  where  the  contemplated  action  in  the  premises  will  be  considered 
and  disposed  of,  and  shall  be  afforded  a  reasonable  opportunity  to  intro- 
duce evidence  and  to  be  heard  thereon,  to  the  end  that  justice  may  be  done, 
and  shall  have  process  to  enforce  the  attendance  of  witnesses;  and  before 
the  commission  shall  make  or  prescribe  any  general  order,  rule,  regulation 
or  requirement,  not  directed  against  any  specific  company  or  companies 
by  names,  the  contemplated  general  order,  rule,  regulation  or  requirement 
shall  first  be  published,  in  substance,  not  less  than  once  a  week  for  four 
consecutive  weeks  in  one  or  more  of  the  newspapers  of  general  circulation 


CONSTITUTION  OF  VIRGINIA  293 

published  in  the  city  of  Riohmoiid,  Virginia,  together  with  notice  of  the 
time  and  place,  when  and  where  the  commission  will  hear  any  objections 
which  may  be  urged  by  any  person  interested,  against  the  proposed  order, 
rule,  regulation  or  requirement;  and  every  such  general  order,  rule,  regu- 
lation or  requirement,  made  by  the  commission,  shall  be  published  at 
length,  for  the  time  and  in  the  manner  above  specified,  before  it  shall  go 
into  effect,  and  shall  also,  as  long  as  it  remains  in  force,  be  published  in 
each  subsequent  annual  report  of  the  commission.  The  authority  of  the 
commission  (subject  to  review  on  appeal  as  hereinafter  provided)  to  pre- 
scribe rates,  charges  and  classifications  of  traffic,  for  transportation  and 
transmission  companies,  shall  be  paramount;  but  its  authority  to  prescribe 
any  other  rules,  regulations  or  requirements  for  corporations  or  other 
persons  shall  be  subject  to  the  superior  authority  of  the  General  Assembly 
to  legislate  thereon  by  general  laws;  provided,  however,  that  nothing  in  this 
section  shall  impair  the  right  which  has  heretofore  been,  or  may  hereafter 
he,  conferred  by  law  ujion  the  authorities  of  any  city,  town  or  county  to 
p  rescribe  rules,  regulations  or  rates  of  charge  to  be  observed  by  any  public 
service  corporation  in  connection  with  any  services  performed  by  it  under 
a  municipal  or  county  franchise  granted  by  such  city,  town  or  county,  so  far 
as  such  service  may  be  wholly  within  the  limits  of  the  city,  town  or  county 
granting  the  franchise.  Upon  the  request  of  the  parlies  interested,  it 
shall  be  the  duty  of  the  commission,  as  far  as  possible,  to  effect,  by  media- 
tion, the  adjustment  of  claims,  and  the  settlement  of  controversies  be- 
tween transportation  or  transmission  companies  and  their  patrons. 

(c)  In  all  matters  pertaining  to  the  public  visitation,  regulation  or  con- 
trol of  corporations,  and  within  the  jurisdiction  of  the  commission,  it  shall 
have  the  powers  and  authority  of  a  court  of  record,  to  administer  oaths,  to 
compel  the  attendance  of  witnesses  and  the  production  of  papers,  to  pun- 
ish for  contempt  any  person  guilty  of  disrespectful  or  disorderly  conduct 
in  the  presence  of  the  commission  while  in  session,  and  to  enforce  compli- 
ance with  any  of  its  lawful  orders  or  requirements  by  adjudging,  and  en- 
forcing bj'  its  own  appropriate  process,  against  the  delinquent  or  offend- 
ing company  (after  it  shall  have  been  first  duly  cited,  proceeded  against 
by  due  process  of  law  before  *he  commission  sitting  as  a  court,  and  afforded 
opportunity  to  introduce  evidence  and  to  be  heard,  as  well  against  the 
validity,  justness  or  reasonableness  of  the  order  or  requirement  alleged 
to  have  been  violated,  as  against  the  liability  of  the  company  for  the  al- 
leged violation),  such  fines  or  other  penalties  as  may  prescribed  or  auth- 
orized by  this  Constitution  or  by  law.  The  commission  may  be  vested 
with  such  additional  powers,  and  charged  with  such  other  duties  (not  in- 
consistent with  this  Constitution)  as  may  be  prescribed  by  law,  in  connec- 
tion with  the  visitation,  regulation  or  control  of  corporations,  or  with  the 


294    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

prescribing  and  enforcing  of  rates  and  charges  to  be  observed  in  the  con- 
duct of  any  business  where  the  State  has  the  right  to  prescribe  the  rates 
and  charges  in  connection  therewith,  or  with  the  assessment  of  the  prop- 
erty of  corporations,  or  the  appraisement  of  their  franchises,  for  taxation, 
or  with  thr  investigation  of  the  subject  of  taxation  generally.  Any  cor- 
poration failing  or  refusing  to  oi)oy  any  valid  order  or  rcciuirement  of  the 
commission,  within  such  reasonable  time,  not  less  than  ten  days,  as  shall 
be  fixed  in  the  order,  may  be  fined  by  the  commission  (proceeding  by  due 
process  of  law  as  aforesaid)  such  sum,  not  exceeding  five  hundred  dollars, 
as  the  conunission  may  deem  proper,  or  such  sum,  in  excess  of  five  hundred 
dollars,  as  may  be  prescriljcd,  or  authorized  by  law;  and  each  day's  con- 
tinuance of  such  failure  or  refusal,  after  due  service  upon  such  corporation 
of  the  order  or  requirement  of  the  commission,  shall  be  a  separate  offence; 
provided,  that  should  the  f)poration  of  such  order  f)r  re(|uirement  l)e  sus- 
pended pending  an  appeal  therefrom,  the  period  of  such  suspension  shall 
not  be  computed  against  the  company  in  the  matter  of  its  liability  to 
fines  or  penalties. 

(d)  From  any  action  of  the  commission  preseril)iiig  rates,  charges  or 
classifications  of  traffic,  or  affecting  the  train  scliedulc  of  any  transpor- 
tation company,  or  requiring  additional  facilities,  conveniences  or  public 
service  of  any  transportation  or  transmission  company,  or  refusing  to 
approve  a  suspending  bond,  or  requiring  additional  security  thereon  or 
an  increase  thereof,  as  provided  for  in  sub-section  (e)  of  this  section,  an 
appeal  (subject  to  such  reasonable  limitations  as  to  time,  regulations  as  to 
procedure  and  provisions  as  to  costs,  as  may  be  prescribed  by  law)  may 
be  taken  by  the  corporation  whose  rates,  charges  or  classification  of  traf- 
fic, schedule,  facilities,  conveniences  or  service,  are  affected,  or  by  any 
person  deeming  himself  aggrieved  by  such  action,  or  (if  allowed  by  law) 
by  the  Commonwealth.  I'ntil  otherwise  provided  by  law,  such  appeal 
shall  be  taken  in  the  manner  in  which  appeals  may  be  taken  to  the  Supreme 
Court  of  Appeals  from  the  inferior  courts,  except  that  such  an  ai)peal  shall 
be  of  right,  and  the  Supreme  Court  of  Appeals  may  provide  by  rule  for 
proceedings  in  the  matter  of  appeals  in  any  particular  in  which  the  existing 
rules  of  law  are  inapplicable.  If  such  appeal  i)e  taken  by  the  corporation 
whose  rates,  charges  or  classifications  of  traffic,  .schedules,  facilities,  con- 
veniences or  service  are  affected,  the  Commonwealth  shall  he  made  the 
appellee;  but,  in  the  other  cases  mentioned,  the  corporation  so  affected 
.shall  be  made  the  a[)pellee.  The  General  A.ssembly  may  also,  by  general 
laws,  provide  for  appeals  from  any  other  action  of  the  commission,  by  the 
Commonwealth  or  by  any  person  interested,  irrespective  of  the  amount 
involved.  .\11  appeals  from  the  commission  shall  I)e  to  the  Supreme  Court 
of  Appeals  only;  and  in  all  appeals  to  which  the  Commonwealth  is  a  party. 


CONSTITUTION  OF  VIRGINIA  295 

it  shall  be  represented  by  the  Attorney  General  or  his  legally  appointed 
representative.  No  court  of  this  Commonwealth  (except  the  Supreme 
Court  of  Appeals,  by  way  of  appeals  as  herein  authorized),  shall  have  juris- 
diction to  review,  reverse,  correct  or  annul  any  action  of  the  commission, 
within  the  scope  of  its  authority,  or  to  suspend  or  delay  the  execution  or 
operation  thereof,  or  to  enjoin,  restrain  or  interfere  with  the  commission 
in  the  performance  of  its  official  duties;  provided,  however,  that  the  writs 
of  mandatmts  and  prohibition  shall  lie  from  the  Supreme  Court  of  Appeals 
to  the  commission  in  all  cases  where  such  writs,  respectively,  would  lie 
to  an\'  inferior  tribunal  or  officer. 

(e)  Upon  the  granting  of  an  appeal,  a  writ  of  supersedeas  may  be  awarded 
by  the  appellate  court,  suspending  the  operation  of  the  action  appealed 
from  until  the  final  disposition  of  the  appeal;  but,  prior  to  the  final  re- 
versal thereof  by  the  appellate  court,  no  action  of  the  commission  pre- 
scribing or  affecting  the  rates,  charges  or  classification  of  traffic,  of  any 
transportation  or  transmission  company  shall  be  delayed,  or  sus])ended, 
in  its  operation,  b.v  reason  of  any  appeal  by  such  corporation,  or  by 
reason  of  any  proceedings  resulting  from  such  appeal,  until  a  suspend- 
ing bond  shall  first  have  been  executed  and  filed  with,  and  approved 
by,  the  commission  (or  approved  on  review  by  the  Supreme  Court  of 
Appeals),  payable  to  the  Commonwealth,  and  sufficient  in  amount  and 
security  to  insure  the  prompt  refunding,  by  the  appealing  corporation, 
to  the  parties  entitled  thereto,  of  all  charges  which  such  company  may 
collect  or  receive,  pending  the  appeal,  in  excess  of  those  fixed,  or  author- 
ized, by  the  final  decision  of  the  court  on  appeal.  The  commission,  upon 
the  execution  of  such  bond,  shall  forthwith  require  the  appealing  company, 
under  penalty  of  the  immediate  enforcement  (pending  the  appeal  and  not- 
withstanding any  supersedeas),  of  the  order  or  requirement  apj^ealed  from, 
to  keep  such  accounts,  and  to  make  to  the  commission,  from  time  to  time, 
such  reports,  verified  by  oath,  as  may,  in  the  judgment  of  the  commission, 
suffice  to  show  the  amounts  being  charged  or  received  by  the  company, 
pending  the  appeal,  in  excess  of  the  charge  allowed  by  the  action  of  the 
commission  appealed  from,  together  with  the  names  and  addresses  of  the 
persons  to  whom  such  overcharges  will  be  refundable  in  case  the  charges 
made  by  the  company  pending  the  appeal  be  not  sustained  on  such  appeal; 
and  the  commission  shall  also,  from  time  to  time,  require  such  company, 
under  like  penalty,  to  give  additional  security  on,  or  to  increase,  the  said 
suspending  bond,  whenever,  in  the  opinion  of  the  commission,  the  same  may 
be  necessary  to  insure  the  prompt  refunding  of  the  overcharges  aforesaid. 
Upon  the  final  decision  of  such  appeal,  all  amoimts  which  the  appealing 
company  may  have  collected,  pending  the  appeal,  in  excess  of  that  auth- 
orized by  such  final  decision,  shall  be  promptly  refunded  by  the  company 


296    GOVERNMENT  AND  POLITICS  I.\   \  IRGINIA 

to  the  parties  entitled  thereto,  in  such  manner,  iiml  thn>utili  sucli  methods 
of  distribution,  as  may  he  prescribed  by  the  conunission,  or  l)y  law.  All 
such  api)eals  affecting  rates,  charges  or  classifications  of  traffic,  shall  have 
precedence  upon  the  docket  of  the  appellate  court,  and  shall  be  heard 
and  disposed  of  promptly  !)y  the  court,  irrespective  of  its  place  of  session, 
next  after  the  habeas  corpus,  and  Commonwealth's,  cases  already  on  the 
docket  of  the  court. 

(f)  In  no  case  of  appeal  from  the  commission  shall  any  new  or  addi- 
tional evidence  be  introduced  in  the  appellate  court;  but  the  chairman  of 
the  commission,  under  the  seal  of  the  commission,  shall  certify  to  the  aji- 
pcllate  court  all  the  facts  upon  which  the  action  appealed  from  was  based 
and  which  may  be  essential  for  the  pr()[)er  decision  of  the  appeal,  together 
with  such  of  the  evidence  introduced  before,  or  considered  by,  the  com- 
mission as  may  be  selected,  specified  and  requirerl  to  be  certified,  by  any 
part\'  in  interest,  as  well  as  such  other  evidence,  so  introduced  or  consid- 
ered, as  the  commission  may  deem  proper  to  certify.  The  commission 
shall,  whenever  an  appeal  is  taken  therefrom,  file  with  the  record  of  the 
case,  and  as  a  part  thereof,  a  written  statement  of  the  reasons  upon  which 
the  action  ai)pealed  from  was  based,  and  such  statement  shall  be  read  and 
considered  by  the  appellate  court,  upon  disposinjj;  of  the  appeal.  The 
appellate  court  shall  have  jurisdiction,  on  such  apjieal,  to  consider  and  de- 
termine the  reasonableness  and  justness  of  the  action  of  the  commission 
appealed  from,  as  well  as  any  other  matter  arising  under  such  appeal; 
provided,  however,  that  the  action  of  the  commission  appealed  from  shall 
be  regarded  as  prima  facie  just,  reasonable  and  correct;  but  the  court 
may,  when  it  deems  necessiirv,  in  the  interest  of  justice,  remand  to  the 
conunission  any  case  pending  on  ai)peal,  and  require  the  same  to  l)e  further 
investigated  by  the  commission,  and  reported  upon  to  the  ourt  (together 
with  a  certificate  of  such  additional  evidence  as  may  be  tentlered  before 
the  commission  by  any  party  in  interest),  before  the  ajipeal  is  finally 
decided. 

(g)  Whenever  the  court,  ui)on  appeal,  shall  reverse  an  order  of  the  com- 
mission affecting  the  rates,  charges  or  the  classification  of  traffic  of  any 
transportation  or  transmission  company,  it  shall,  at  the  same  time,  sub- 
stitute therefor  such  order  as,  in  its  opinion,  the  commission  should  have 
made  at  the  time  of  entering  the  order  appealed  from;  otherwise,  the  re- 
versal order  shall  not  be  valid.  Such  substituted  order  sliall  have;  the  same 
force  an(l  effect  (and  none  other)  as  if  it  had  been  entered  by  the  conunis- 
sion at  the  time  the  original  order  appealed  from  was  entered.  The  right 
of  the  commission  to  prescribe  and  enforce  rates,  charges,  classifications, 
rules  and  regulations,  affecting  any  or  all  actions  of  the  commission 
theretofore   entered   by  it  -^iid  appealed  from,  but  based  upon  circum- 


CONSTITUTION  OF  VIRGINIA  297 

stances  or  conditions  different  from  those  existing  at  the  time  the  order 
appealed  from  was  made,  shall  not  be  suspended  or  impaired  by  reason 
of  the  pendency  of  such  appeal;  but  no  order  of  the  commission,  prescribing 
or  altering  such  rates,  charges,  classifications,  rules  or  regulations,  shall 
be  retroactive. 

(h)  The  right  of  any  person  to  inst  tute  and  prosecute  in  the  ordinary 
courts  of  justice,  any  action,  suit  or  notion  against  any  transportation 
or  transmission  company,  for  any  claim  or  cause  of  action  against  such 
company,  shall  not  be  extinguished  or  impaired,  by  reason  of  any  fine  or 
other  penalty  which  the  commission  may  impose,  or  be  authorized  to  im- 
pose, upon  such  company  because  of  its  breach  of  any  public  duty,  or  be- 
cause of  its  failure  to  comply  with  any  order  or  requirement  of  the  com- 
mission; but,  in  nc  such  proceeding  by  any  person  against  such  corporation, 
nor  in  any  collateral  proceeding,  shall  the  reasonableness,  justness  or  va- 
lidity of  any  rate,  charge,  classification  of  traffic,  rule,  regulation  or  re- 
quirement, theretofore  prescribed  by  the  commission,  within  the  scope 
of  its  authority,  and  then  in  force,  be  questioned;  provided,  however, 
that  no  case  based  upon  or  involving  any  order  of  the  commission  shall 
be  heard,  or  disposed  of,  against  the  objection  of  either  party,  so  long  as 
such  order  is  suspended  in  its  operation  by  an  order  of  the  Supreme  Court 
of  Appeals  as  authorized  by  this  Constitution  or  by  any  law  passed  in 
pursuance  thereof. 

(i)  The  commission  shall  make  annuo]  reports  to  the  Governor  of  its 
proceedings,  in  which  reports  it  shall  recommend,  from  time  to  time,  such 
new  or  additional  legislation  in  reference  to  its  powers  or  duties,  or  to  the 
creation,  supervision,  regulation  or  control  of  corporations,  or  to  the  subject 
of  taxation,  as  it  may  deem  wise  or  expedient,  or  as  may  be  required  by  law. 
-  (j)   [No  sub-section  "j"  in  official  copy.] 

(k)  Upon  the  organization  of  the  State  Corporation  Commission,  the 
Board  of  Public  Works  and  the  office  of  Railroad  Commissioner  shall 
cease  to  exist,  and  all  books,  papers  and  documents  pertaining  thereto 
shall  be  transferred  to,  and  become  a  part  of  the  records  of,  the  office  of  the 
State  Corporation  Commission. 

(1)  After  the  first  day  of  January,  nineteen  hundred  and  five,  in  addi- 
tion to  the  modes  of  amendment  provided  for  in  Article  Fifteen  of  this 
Constitution,  the  General  Assembly,  upon  the  recommendation  of  the 
State  Corporation  Commission,  may,  by  law,  from  time  to  time,  amend 
sub-sections  a- to  i,  inclusive,  of  this  section,  or  any  of  them,  or  any  such 
amendment  thereof;  provided,  that  no  amendment  made  under  authority 
of  this  sub-section  shall  contravene  the  provisions  of  any  part  of  this  Con- 
stitution other  than  the  sub-sections  last  above  referred  to  or  any  such 
amendment  thereof. 


298    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Fees  from  corporations 

Sec.  157.  Provision  shall  l)c  made  by  general  laws  for  the  payment  of  a 
fee  to  the  Commonwealth  hy  every  domestie  corporation,  upon  the  grant- 
ing, amendment  or  exten.sion  of  its  charter,  and  by  every  foreign  corpora- 
tion upon  obtaining  a  license  to  do  business  in  this  State  as  specified  in 
this  section;  and  also  for  the  paj^ment,  by  every  domestic  corporation, 
and  foreign  corporation  doing  business  in  thi.s  State,  of  an  annual  registra- 
tion fee  of  not  less  than  five  dollars  nor  more  than  twenty-five  dollars, 
which  shall  be  irrespective  of  any  specific  license,  or  other,  tax  imposed 
by  law  upon  such  company  for  the  privilege  of  carrying  on  its  business 
in  this  State,  or  upon  its  franchise  or  property;  and  for  the  making,  by 
every  such  corporation  (at  the  time  of  j)aying  such  annual  registration  fee), 
of  such  report  to  the  State  Corporation  Commission,  of  the  status,  busi- 
ness or  condition  of  such  corporation,  as  the  General  Assembly  may  pre- 
scril)e.  No  foreign  corporation  shall  have  authority  to  do  business  in 
this  State  until  it  shall  have  first  obtained  from  the  commission  a  license 
to  do  business  in  this  State,  upon  such  terms  and  conditions  as  may 
be  prescribed  by  law.  The  failure  by  any  corporation  for  two  successive 
years  to  pay  its  annual  registration  fee,  or  to  make  its  said  annual  re- 
ports, shall,  when  such  failure  shall  have  continuctl  for  ninety  days  after 
the  expiration  of  such  two  years,  operate  as  a  revocation  and  aimulment 
of  the  charter  of  such  corporation,  if  it  be  a  domestic  company,  or,  of 
its  license  to  do  business  in  this  State  if  it  be  a  foreign  company;  and  the 
(Jeneral  Assembly  shall  provide  additional  and  suitable  penalties  for  the 
failure  of  any  corporation  to  comply  promptly  with  the  requirements  of 
this  section,  or  of  any  laws  passed  in  pursuance  thereof.  The  commis- 
sion shall  compel  all  corporations  to  comply  promjitly  with  such  reciuire- 
ments,  by  enforcing,  in  the  manner  hereinbefore  authorized,  such  fines 
and  penalties  against  the  delinquent  company  as  may  be  provided  for, 
or  authorized  by,  this  article;  but  the  Ceneral  A.ssembly  may  relieve  from 
the  payment  of  the  said  registration  fee  any  purely  charitable  institutioa 
or  institutions. 

Effect  of  amendment  of  previously  obtained  charter  of  corporation 

Sec.  158.  Every  corporation  heretofore  chartered  in  this  State,  which 
shall  hereafter  accept,  or  effect,  any  amendment  or  extension  of  its  char- 
ter, shall  l)e  conclusively  presumed  to  have  thereby  surrendered  every 
e.xem[)tion  from  taxation,  and  every  non-repealable  feature  of  its  charter 
and  of  the  amendments  thereof,  and  also  all  exclusive  rights  or  privileges 
theretofore  granted  to  it  by  the  Cieneral  Assembly  and  not  enjoyed  by  other 
C(^rporations  of  a  similar  general  character;  and  to  have  thereby  agreed  to 
thereafter  hold  its  charter  and  franchises,  and  all  amendments  thereof, 


CONSTITUTION  OF  MRGINIA  '    299 

under  the  provisions  and  subject  to  all  the  requirements,  terms  and  con- 
ditions, of  this  Constitution  and  of  any  laws  passed  in  pursuance  thereof, 
•o  far  as  the  same  may  be  applicable  to  such  corporation. 

Eminent  domain  and  police  power  of  State  never  abridged 

Sec.  159.  The  exercise  of  the  right  of  eminent  domain  shall  never  be 
abridged,  nor  so  construed  as  to  prevent  the  General  Assembly  from  tak- 
ing the  property  and  franchises  of  corporations  and  subjecting  them  to 
public  use,  the  same  as  the  property  of  individuals,  and  the  exercise  of 
the  police  power  of  the  State  shall  never  be  abridged,  nor  so  construed  as 
to  permit  corporations  to  conduct  their  business  in  such  manner  as  to  in- 
fringe the  equal  rights  of  individuals  or  the  general  well-being  of  the 
State. 

Concerning  rates  of  transportation  and  transmission  companies 

Sec.  160.  No  transportation  or  transmission  company  shall  charge  or 
receive  any  greater  compensation,  in  the  aggregate,  for  transporting  the 
same  class-of  passengers  or  property,  or  for  transmitting  the  same  class 
of  messages,  over  a  shorter  than  over  a  longer  distance,  along  the  same  Ime 
aud  in  the  same  direction — the  shorter  being  included  in  the  longer  dis- 
tance; but  this  section  shall  be  not  construed  as  authorizing  any  such  com- 
pany to  charge  or  receive  as  great  compensation  for  a  shorter  as  for  a  longer 
distance.  The  State  Corporation  Commission  may,  from  time  to  time, 
authorize  any  such  company  to  disregard  the  foregoing  provisions  of  this 
•section,  by  charging  such  rates  as  the  commission  may  prescribe  as  just 
and  equitable  between  such  company  and  the  public,  to  or  from  any  junc- 
tional or  competitive  points  or  localities,  or  where  the  competition  of 
points  located  without  this  State  may  make  necessary  the  prescribing  of 
special  rates  for  the  protection  of  the  commerce  of  this  State;  ])ut  this 
section  shall  not  apply  to  mileage  tickets,  or  to  an}^  special  excursion,  or 
commutation  rates,  or  to  special  rates  for  services  rendered  to  the  govern- 
ment of  this  State,  or  of  the  United  States,  or  in  the  interest  of  some  public 
object,  when  such  tickets  or  rates  shall  have  been  prescribed  or  authorized 
by  the  commission. 

Free  transportation  of  members  of  General  Assembly  and  of  State,  county,  dis- 
trict, or  municipal  officers,  except  members  and  officers  of  State  Corpora- 
tion Commission,  prohibited;  penalty;  policeman  and  fireman  excepted 

Sec.  161.  No  transportation  or  transmission  company  doing  business 
in  this  State  shall  grant  to  any  member  of  the  General  Assembly,  or  to 


300    GOVKRXMRXT  AND  IH)LITICS  IN  VIRGINIA 

any  State,  county,  district  or  municipal  officer,  except  to  members  and 
officers  of  the  State  Corporation  Commission  for  their  personal  use  while 
in  office,  any  frank,  free  pass,  froo  transportation,  or  any  rebate  or  re- 
duction in  the  rates  charged  l)y  such  coinpiiny  to  the  general  pul)lic  for 
like  services.  For  violation  of  the  provisions  of  this  section  the  offending 
company  shall  be  liable  to  such  penalties  as  may  be  prescribed  by  law; 
and  any  member  of  the  General  Assembly,  or  any  such  officer,  who  shall, 
while  in  office,  accept  any  gift,  privilege  or  benefit  as  is  prohibited  by  this 
section,  shall  thereby  forfeit  his  off  ice,  and  be  subject  to  such  further  pen- 
alties as  may  be  prescribed  by  law;  but  this  section  shall  not  prevent  a 
street  railway  company  from  transporting  free  of  charge  any  member  of 
the  police  force  or  fire  department  while  in  the  discharge  of  his  official 
duties,  nor  prohibit  the  acceptance  by  any  such  policeman  or  fireman  of 
such  free  transportation. 

Fellow-servant  doctrine  abolished  to  extent  stated 

Sec.  1G2.  The  doctrine  of  fellow-servant,  so  far  as  it  affects  the  liability 
of  the  master  for  injuries  to  his  servant  resulting  from  the  acts  or  omissions 
of  any  other  servant  or  servants  of  the  common  master,  is,  to  the  extent 
hereinafter  stated,  abolished  as  to  every  employee  of  a  railroad  company, 
engaged  in  the  physical  construction,  repair  or  maintenance  of  its  roadway, 
track  or  any  of  the  structures  connected  therewith,  or  in  any  work  in  or 
upon  a  car  or  engine  standing  upon  a  track,  or  in  the  physical  operation  of  a 
train,  car,  engine,  or  switch,  or  in  any  service  requiring  his  presence  upon 
a  train,  car  or  engine;  and  every  such  employee  shall  have  the  same  right 
to  recover  for  every  injury  suffered  by  him  from  the  acts  or  omissions  of 
any  other  employee  or  employees  of  the  common  master,  that  a  servant 
would  have  (at  the  time  when  this  Constitution  goes  into  effect)  if  such 
acts  or  omissions  were  those  of  the  master  himself  in  the  performance  of 
a  non-assignable  duty;  provided,  that  the  injury,  so  suffered  by  such 
railroad  employee,  result  from  the  negligence  of  an  officer,  or  agent,  of  the 
company  of  a  higher  grade  of  service  than  himself,  or  from  that  of  a  person 
employed  by  the  company,  having  the  right,  or  charged  with  the  duty,  to 
control  or  direct  the  general  services  or  the  immediate  work  of  the  party 
injvired,  or  the  general  services  or  the  immediate  work  of  the  co-employee 
through,  or  by,  whose  act  or  omission  he  is  injured;  or  that  it  result  from 
the  negligence  of  a  co-employee  engaged  in  ancjther  department  of  labor, 
or  engaged  upon,  or  in  charge  of,  any  car  upon  v,  hich,  or  upon  the  train  of 
which  it  is  a  part,  the  injured  employee  is  not  at  the  time  of  receiving  the 
injury,  or  who  is  in  charge  of  any  switch,  signal  point,  or  locomotive  en- 
gine, or  is  charged  with  dispatching  trains  or  transmitting  telegraphic 


CONSTITUTION  OF  VIRGINIA  301 

or  telephonic  orders  therefor,  antl  whether  such  neghgence  be  in  the  per- 
formance of  an  assignable  or  non-assignable  dut j'.  The  physical  con- 
struction, repair  or  maintenance  of  the  roadway,  track  or  any  of  the 
structures  connected  therewith,  and  the  physical  construction,  repairs, 
maintenance,  cleaning  or  operation  of  trains,  cars  or  engines,  shall  be  re- 
garded as  different  departments  of  labor  within  the  meaning  of  this  section. 
Knowledge,  by  any  such  railroad  employee  injured,  of  the  defective  or 
unsafe  charactfer  or  condition  of  anj^  machinery,  ways,  appliances  or 
structures,  shall  be  no  defence  to  an  action  for  injury  caused  therebJ^ 
When  death,  whether  instantaneous  or  not,  results  to  such  an  employee 
from  any  injury  for  which  he  could  have  recovered,  under  the  above  pro- 
visions, had  death  not  occurred,  then  his  legal  or  personal  representative, 
surviving  consort,  and  relatives  (and  any  trustee,  curator,  committee 
or  guardian  of  such  consort  or  relatives)  shall,  respectively,  have  the  same 
rights  and  remedies  with  respect  thereto  as  if  his  death  had  been  caused 
by  the  negligence  of  a  co-employee  while  in  the  performance,  as  vice- 
principal,  of  a  non-assignable  duty  of  the  master.  Every  contract  or  agree- 
ment, express  or  implied,  made  by  an  employee,  to  waive  the  benefit  of 
this  section,  shall  be  null  and  void.  This  section  shall  not  be  construed 
to  deprive  any  employee,  or  his  legal  or  personal  representative,  surviving 
consort  or  relatives  (or  any  trustee,  curator,  committee  or  guardian  of 
such  consort  or  relatives),  of  any  rights  or  remedies  that  he  or  they  may 
have,  by  the  law  of  the  land,  at  the  time  this  Constitution  goes  into  effect. 
Nothing  contained  in  this  section  shall  restrict  the  power  of  the  General 
Assembly  to  further  enlarge,  for  the  above-named  class  of  employees,  the 
rights  and  remedies  hereinbefore  provided  for,  or  to  extend  such  rights  and 
remedies  to,  or  otherwise  enlarge  the  present  rights  and  remedies  of,  any 
other  class  of  employees  of  railroads  or  of  employees  of  any  person,  firm 
or  corporation. 

As  to  foreign  corporations 

Sec.  163.  No  foreign  corporation  shall  be  authorized  to  carry  on,  in  this 
State,  the  business,  or  to  exercise  any  of  the  powers  or  functions,  of  a 
public  service  corporation,  or  be  permitted  to  do  anything  which  domestic 
corporations  are  prohibited  from  doing,  or  be  relieved  from  compliance 
with  any  of  the  requirements  made  of  similar  domestic  corporations  by 
the  Constitution  and  laws  of  this  State,  where  the  same  can  be  made  ap- 
plicable to  such  foreign  corporation  without  discriminating  against  it. 
But  this  section  shall  not  affect  any  public  service  corporation  whose  line 
or  route  extends  across  the  boundary  of  this  Commonwealth,  nor  prevent 
any  foreign  corporation  from  continuing  in  such  lawful  business  as  it  may 
be  actually  engaged  in  within  this  State  when  this  Constitution  goes  into 


302    GO\ER\MK\T  AND  POLITICS  I.\   \  IRGINIA 

effect;  but  any  such  foreign  jiuljlic  service  corporation,  so  engaged,  shall 
not,  without  first  becoming  incorporated  under  the  hiws  of  this  State, 
be  authorized  to  acquire,  lease,  u.se  or  operate,  within  this  State,  any 
pul)iic  or  municipal  franchise  or  franchises  in  addition  to  such  as  it  may 
own,  lease,  use  or  operate  when  this  Constitution  goes  into  effect.  The 
projjcrty,  within  this  Stale,  of  foreign  corporations  shall  always  l)e  sul)ject 
to  attachment,  the  same  as  that  of  non-resident  individuals;  and  nothing 
in  this  section  shall  restrict  the  power  of  the  General  Assemi)ly  to  dis- 
criminate against  foreign  corporations  whenever,  and  in  whatsoever  re- 
spect, it  may  deem  \\isc  oi-  expedient. 

Right  of  regulation  and  control  vj  common  carriers  and  public  service  corpo- 
rations never  surrendered  or  abridged 

Sec.  Kit.  The  right  of  the  Cununonwealth,  through  such  instrumental- 
ties  as  it  may  select,  to  prescribe  and  define  the  public  duties  of  all  com- 
mon carriers  and  public  service  corporations,  to  regulate  and  control  them 
in  the  performance  of  their  public  duties,  and  to  fix  and  limit  their  charges 
therefor,  shall  never  be  surrendered  nor  abridged. 

General  Assembly  shall  enact  laws  preventing  trusts,  combinations  and  mo- 
nopolies inimical  to  the  public  welfare 

Sec.  165.  The  General  Assembly  shall  enact  laws  preventing  all  trusts, 
combijiations  and  monopolies,  inimical  to  the  pul)Iic  welfare. 

Right  to  parallel  railroads;  a.s  to  building  road  parallel  to  Richuwnd,  Freder- 
icksburg and  Potomac  Railroad  Compamj;  duties  of  connecting  railroads 

Sec.  166.  The  exclusive  rigiit  lo  build  or  operate  railroads  i)arallel  to  its 
own,  or  any  other,  line  of  railroad,  shall  not  be  granted  to  any  company,  but 
every  railroad  company  shall  have  the  right,  subject  to  such  reasonable 
regulations  as  may  be  prescribed  by  law,  to  parallel,  intersect,  connect 
with  or  cross,  with  its  roadway,  any  other  railroad  or  railroads;  but  no 
railroad  comp)any  shall  build  or  operate  any  hne  of  railroad  not  specified 
in  its  charter,  or  in  some  amendment  thereof.  All  railroad  companies, 
whose  lines  of  railroad  coimect,  shall  receive  and  transport  each  other's 
pas.sengers,  freight,  and  loaded  or  empty  cars,  without  delay  or  discrimi- 
nation. Nothing  in  this  section  shall  deprive  the  General  As.sembly  of 
the  right  to  prevent  by  statute,  repealable  at  {)leasure,  any  railroad  from 
being  built  parallel  to  the  present  line  of  the  Richmond,  Fredericksburg 
and  Potomac  Railroad. 


CONSTITUTION  OF  VIRGINIA  303 

Concerning  issuance  of  stocks  and  bonds  by  corporations;  pen- 
alty for  I'iolation 

Sec.  167.  The  General  Assembly  shall  enact  general  laws  regulating 
and  controlling  all  issues  of  stock  and  bonds  bj'  corporations.  Whenever 
stock  or  bonds  are  to  be  issued  by  a  corporation,  it  shall,  before  issuing 
the  same,  file  with  the  State  Corporation  Commission  a  statement  (veri- 
fied by  the  oath  of  the  president  or  secretary  of  the  corporation,  and  in 
such  form  as  may  be  prescribed  or  permitted  by  the  commission)  setting 
forth  fully  and  accurately  the  basis,  or  financial  plan,  upon  which  such 
stock  or  bonds  are  to  be  issued;  and  where  such  basis  or  plan  includes 
services  or  property  (other  than  money),  received  or  to  be  received  by  the 
company,  such  statement  shall  accurately  specify  and  describe,  in  the 
manner  prescribed,  or  permitted,  by  the  commission,  the  services  and 
property,  together  with  the  valuation  at  which  the  same  are  received  or 
to  be  received;  and  such  corporation  shall  comply  with  any  other  require- 
ments or  restrictions  which  may  be  imposed  by  law.  The  General  As- 
sembly shall  provide  adequate  penalties  for  the  violation  of  this  section, 
or  of  any  laws  passed  in  pursuance  thereof;  and  it  shall  be  the  duty  of  the 
commission  to  adjudge,  and  enforce  (in  the  manner  hereinbefore  provided), 
against  any  corporation  refusing  or  failing  to  comply  with  the  provisions 
of  this  section,  or  of  any  laws  passed  in  pursuance  thereof,  such  fines  and 
penalties  as  are  authorized  l)y  this  Constitution,  or  may  be  prescribed 
by  law. 

Article  XIII.  T.\xatiox  axd  Finance 

Taxable  property;  taxes  shall  be  xiniform  as  to  class  of  subjects  and  levied  and 

collected  under  general  laws 

Sec.  168.  All  property,  except  as  hereinafter  provided,  shall  be  taxed; 
all  taxes,  whether  State,  local,  or  municipal,  shall  be  uniform  upon  the 
same  class  of  subjects  within  the  territorial  limits  of  the  authority  levying 
the  tax,  and  shall  be  levied  and  collected  under  general  laws. 

How  property  assessed;  General  Assembly  may  grant  cities  and  towns  right 
to  reduce  taxation  for  a  period  of  years  on  land  added  to  corporate  limits; 
right  of  General  Assembly  to  segregate  property  for  purposes  of  taxation 

Sec.  169.  Except  as  hereinafter  provided,  all  assessments  of  real  estate 
and  tangible  personal  property  shall  be  at  their  fair  market  value,  to  be 
ascertained  as  prescril)ed  by  law.  The  General  Assembly  may  allow  a 
lower  rate  of  taxation  to  be  imposed  for  a  period  of  j'ears  by  a  city  or  town 
upon  land  added  to  its  corporate  limits,  than  is  imposed  on  similar  prop- 


.^04    C.OX-KRXMFA  r  AM)   I'OLITICS  IN   \IRGIXIA 

erty  within  its  limits  at  the  time  such  land  is  added.  Nothing  in  this  Con- 
stitution shall  prevent  the  General  .\ssembly,  after  the  first  day  of  Jan- 
uary, ninotccu  hundrod  and  thirtci'ii,  from  scurogating  for  the  purposes 
of  taxation,  the  several  kinds  or  classes  or  property,  so  as  to  specify  and 
determine  upon  what  subjects,  State  taxes,  and  upon  what  subjects,  local 
taxes  may  be  levied. 

Income,  license  and  Jranchise  taxes;  paving  and  sewer  taxes;  abut- 
ting land  OLcners 

Sec.  170.  The  (^leneral  Assembly  may  levy  a  tax  on  incomes  in  excess 
of  six  hundred  dollars  per  annum;  may  levy  a  license  tax  upon  any  busi- 
ness wliich  caiuKit  l)c  reached  by  the  ad  valorem  system;  and  may  impose 
State  franchise  taxes,  and  in  imposing  a  franchise  tax,  ma.v,  in  its  discre- 
tion, make  the  same  in  lieu  of  taxes  upon'other  property,  in  whole  or  in 
part,  of  a  transportation,  industrial,  or  commercial  corporation.  When- 
ever a  franchise  tax  shall  be  imposed  upon  a  corporation  doing  business 
in  this  State,  or  whenever  all  tlie  capital,  however  invested,  of  a  corporation 
chartered  imder  the  laws  of  this  State,  shall  be  taxed,  the  shares  of  stock 
issued  by  any  such  corporation  shall  not  be  further  taxed.  No  city  or 
town  shall  impose  any  tax  or  assessftient  upon  abutting  land  owners  for 
street  or  other  public  local  improvements,  except  for  making  and  imi)roving 
the  walkways  upon  then  existing  streets,  and  improving  and  jniving  then 
existing  alleys,  and  for  either  the  construction,  or  for  the  use  of  sewers; 
and  the  same,  when  imposed,  shall  not  be  in  excess  of  the  peculiar  benefits 
resulting  therefrom  to  such  abutting  land  owners.  Except  in  cities  and 
towns,  no  such  ta.xes  or  a.ssessments,  for  local  public  improvements,  shall 
be  imposed  on  abutting  land  owners. 

Reassessments  of  real  estate 

Sec.  171.  The  General  Assembly  shall  provide  for  a  reassessment  of  real 
estate,  in  the  year  nineteen  hundred  and  five,  and  every  fifth  year  there- 
after, except  that  of  railway  and  canal  corporations,  which,  after  January 
the  first,  nineteen  hundred  and  thirteen,  may  be  assessed  as  the  General 
Assembly  may  provide. 

Assessment  of  coal  and  mineral  lands 

Sec.  172.  The  General  Assembly  shall  provide  for  the  special  and  sepa- 
rate as.sessment  of  all  coal  and  other  mineral  land;  but  until  such  special 
assessment  is  made,  such  land  shall  be  a.ssessed  under  existing  laws. 


CONSTITUTION  OF  MRGINIA  305 

State,  county,  and  municipal  capitation  taxes 

Sec.  173.  The  General  Assembly  shall  levy  a  State  capitation  tax  of, 
and  not  exceeding,  one  dollar  and  fifty  cents  per  annum  on  every  male 
resident  of  the  State  not  less  than  twenty-one  years  of  age,  except  those 
pensioned  by  this  State  for  military  services;  one  dollar  of  which  shall  be 
applied  exclusively  in  aid  of  the  public  free  schools,  in  proportion  to  the 
school  population,  and  the  residue  shall  be  returned  and  paid  by  the  State 
into  the  treasury  of  the  county  or  city  in  which  it  was  collected,  to  be 
appropriated  by  the  proper  county  or  citj'  authorities  to  such  county  or 
city  purposes  as  they  shall  respectively  determine;  but  said  State  capitation 
tax  shall  not  l)e  a  lien  upon,  nor  collected  by  legal  process  from,  the  per- 
sonal property  which  may  be  exempt  from  levy  or  distress  under  the  poor 
debtor's  law.  The  General  Assembly  may  authorize  the  board  of  super- 
visors of  any  county,  or  the  council  of  any  city  or  town,  to  levy  an  addi- 
tional capitation  tax  not  exceeding  one  dollar  per  annum  on  every  such 
resident  within  its  limits,  which  shall  be  applied  in  aid  of  the. public  schools 
of  such  county,  city  or  town,  or  for  such  other  county,  city  or  town  pur- 
poses as  they  shall  determine. 

Statute  of  limitations  shnJl  not  run  against  State  taxes;  failure  to  assess  not 
to  defeat  subsequent  assessinent  and  collection  of  taxes;  exception  as  to 
bona  fide  purchaser  for  value 

Sec.  174.  After  this  Constitution  shall  be  in  force,  no  statute  of  limita- 
tions shall  run  against  any  claim  of  the  State  for  taxes  upon  any  property; 
nor  shall  the  failure  to  assess  property  for  taxation  defeat  a  subsequent 
assessment  for  and  collection  of  taxes  for  any  preceding  year  or  years, 
unless  such  property  shall  have  passed  to  a  bona  fide  purchaser  for  value, 
without  notice;  in  which  latter  case  the  property  shall  be  assessed  for  tax- 
ation against  such  purchaser  from  the  date  of  his  purchase. 

Xatural  oyster  beds 

Sec.  175.  The  natural  oyster  beds,  rocks,  and  shoals,  in  the  waters  of 
this  State,  shall  not  be  leased,  rented  or  sold,  but  shall  be  held  in  trust  for 
the  benefit  of  the  people  of  this  State,'  subject  to  such  regulations  and  re- 
strictions as  the  General  Assembly  may  prescribe,  but  the  General  As- 
sembly may,  from  time  to  time,  define  and  determine  such  natural  beds, 
rocks  or  shoals,  by  surveys  or  otherwise. 

Assessment  and  taxation  of  railroad  and  canal  companies 

Sec.  176.  The  State  Corporation  Commission  shall  annually  ascertain 
and  asse.ss,  at  the  time  hereinafter  mentioned,  and  in  the  manner  required 


306  (,()\f:rnmi:\t  and  politics  in  \irc;l\ia 

of  the  lioard  of  I'ulilic  Works,  hv  tlic  law  in  force  on  .J:inuary  the  first, 
nineteen  hundred  and  two,  llic  wiliic  of  the  roadhcd,  and  other  real  es- 
tate, roihng  stock,  and  all  other  personal  property  whatsoever  (exeei)t  its 
franchise  and  the  non-taxal)Ie  shares  of  stock  issued  by  other  corporations) 
in  this  State,  of  each  railway  corporation,  whatever  its  motive  power, 
now  or  hereafter  hahle  for  taxation  upon  such  property;  the  canal  bed  and 
other  real  estate,  the  boats  and  all  other  j)ersonal  property  whatsoever 
(except  its  franchise  and  the  non-taxable  siiares  of  stock  issued  by  other 
corporations)  in  this  State,  of  each  canal  corporation,  empowered  to  con- 
duct transportation;  and  such  property  shall  be  taxed  for  State,  county, 
city,  town  and  district  purposes  in  the  same  maimer  as  authorized  by  said 
law,  at  such  rates  of  taxation  as  may  be  imposed  by  them,  respectively, 
from  time  to  time,  upon  the  real  estate  and  personal  property  of  natural 
persons;  provided,  that  no  tax  shall  be  laid  upon  the  net  income  of  such 
corporations. 

Franchise  tax  of  railroad  and  canal  companies 

Sec.  177.  Each  .such  railway  or  canal  corporation,  including  also  any 
such  as  is  exempt  from  taxation  as  to  its  works,  visible  proi)erty,  or  profits, 
shall  also  pay  an  annual  State  franchi.se  tax  equal  to  one  per  centum  upon 
the  gross  receipts  hereinafter  specified  in  .section  One  Hundred  and  Sev- 
enty-eight, for  the  privilege  of  exercising  its  franchises  in  this  State, 
which,  with  the  taxes  provided  for  in  section  One  Hundred  and  Seventy- 
six,  shall  be  in  lieu  of  all  other  taxes  or  license  charges  whatsoever  upon 
the  franchises  of  such  corporation,  the  shares  of  stock  issued  l)y  it,  and 
upon  its  property  as.sessed  under  section  One  Hundred  and  Seventy-six; 
provided,  that  nothing  herein  contained  shall  exempt  such  corporation 
from  the  annual  fee  required  by  section  One  Hundred  and  Fifty-seven 
of  this  Constitution,  or  from  a,sse.ssmcnts  for  street  and  otlier  i)ublic  local 
improvements  authorized  by  section  One  Hundred  and  Seventy;  and  pro- 
vided further,  that  nothing  herein  contained  shall  annul  or  interfere  with, 
or  prevent  any  contract  or  agreement  by  ordinance  between  street  rail- 
way corporations  and  municipalities,  as  to  compen.sation  for  the  u.se  of 
the  streets  or  alleys  of  such  municipalities  by  such  railway  corporations. 

Amount  and  ascertainment  of  such  franchise  tax 

Sec.  178.  The  amount  of  such  franchise  tax  shall  be  (-(lual  to  one  per 
centum  of  the  gross  transportation  receipts  of  such  corporations  for  the 
year  ending  June  the  thirtieth  of  each  year,  to  be  ascertained  by  the  State 
Corporation  Commission,  in  the  following  manner: 


CONSTITUTION  OF  VIRGINIA  5C7 

(.a)  When  the  road  or  canal  of  the  corporation  lies  wholly  within  this 
State,  the  tax  shall  be  equal  to  one  per  centum  of  the  entire  gross  transpor- 
tation receipts  of  such  corporation. 

(b)  When  the  road  or  canal  of  the  corporation  lies  partly  within  and 
partly  without  this  State,  or  is  operated  as  a  part  of  a  line  or  system  ex- 
tending beyond  this  State,  the  tax  shall  be  equal  to  one  per  centum  of 
the  gross  transportation  receipts  earned  within  this  State,  to  be  deter- 
mined as  follows:  By  ascertaining  the  average  gross  transportation  re- 
ceipts per  mile  over  its  whole  extent  within  and  without  this  State,  and 
multiplying  the  result  by  the  number  of  miles  operated  within  this  State; 
l)rovided,  that  from  the  sum  so  ascertained  there  may  lae  a  reasonable 
deduction  because  of  an\-  excess  of  value  of  the  terminal  facilities  or  other 
similar  advantages  in  other  States  over  similar  facilities  or  advantages  in 
this  State. 

Reports  of  corporations  to  Corporation  Commission 

Sec.  179.  Each  corporation  mentioned  in  sections  One  Hundred  and 
Seventy-six  and  One  Hundred  and  Seventy-seven  shall  annually,  on  the 
first  day  of  September,  make  to  the  State  Corporation  Commission  the 
report  which  the  law,  in  force  January  the  first,  nineteen  hundred  and  two, 
required  to  be  made  annually  to  the  Board  of  Public  Works  by  every  rail- 
road and  canal  company  in  this  State,  not  exempt  from  taxation  by  virtue 
of  its  charter,  which  report  shall  also  show  the  property  taxable  in  this 
State  belonging  to  the  corporation  on  the  thirtieth  day  of  June  preceding,, 
and  its  total  gross  transportation  receipts  for  the  year  ending  on  that  date. 
Upon  receiving  such  report  the  State  Corporation  Commission  shall,  after 
thirty  days'  notice  previously  given,  as  provided  by  said  law,  assess  the 
value  of  the  property  not  exemj)t  from  taxation,  of  the  corporation,  and 
ascertain  the  amount  of  the  franchise  tax  and  other  State  taxes  chargeable 
against  it.  All  taxes  for  which  the  corporation  is  liable  shall  be  paid  on  or 
before  the  first  day  of  December  following.  The  provisions  of  said  law,  ex- 
cept as  changed  by  this  article,  shall  apply  to  the  ascertainment  and  collec- 
tion of  the  franchise,  as  well  as  other  taxes  of  such  corporations.  Said  taxes, 
until  paid,  shall  be  a  lien  upon  the  property  within  this  State  of  the  corpo- 
ration ouming  the  same,  and  take  precedence  of  all  other  liens  or  incum- 
brances. 

Application  by  corporation  for  relief  from  assessment  for  taxation; 
proceedings  thereunder 

Sec.  180.  Any  corporation  aggrieved  by  the  assessment  and  ascertain- 
ment made  under  sections  One  Hundred  and  Seventy-six  and  One  Hun- 


308    GO\ERXMEXT  AND  POLITICS  L\  \IRGL\IA 

(Irod  and  Scventy-eiKht  may,  within  thirty  days  after  receiving  a  certi- 
fied copy  thereof,  ai)i)ly  for  relief  to  the  circnit  court  of  the  city  of  Rich- 
mond. Notice  of  the  application,  settinji  fortli  the  gnnuuls  of  complaint, 
verified  hy  affiilavit,  shall  be  served  on  the  State  Corporation  Com- 
mission, and  on  the  Attorney  General,  whose  duty  it  shall  be  to  represent 
the  State.  The  court,  if  of  opinion  that  the  assessment  or  tax  is  excessive, 
shall  reduce  the  same;  but,  if  of  opinion  that  it  is  insufficient,  shall  increase 
the  same.  Unless  the  applicant  paid  the  taxes  under  protest,  when  due, 
the  court,  if  it  disallow  the  ajjplication,  shall  {jive  judgment  against  it 
for  a  sum,  by  way  of  damages,  equal  to  interest  at  the  rate  of  one  per  cen- 
tum per  month  upon  the  amount  of  taxes  from  the  time  the  same  were 
payable.  If  the  application  be  allowed,  in  whole  or  in  part,  appropriate 
relief  shall  be  granted,  including  the  right  to  recover  any  excess  of  taxes 
that  may  have  been  paid,  with  legal  interest  thereon,  and  costs,  from  the 
State  or  local  authorities,  or  both,  as  the  case  may  be;  the  judgment  to 
be  enforceable  by  mandamus  or  other  process  issuing  from  the  court  finallj' 
.adjudicating  the  apjilication.  Sul)ject  to  the  jjrovisions  of  Article  Six 
of  tliis  Constitution,  the  Supreme  Court  of  Ajjpeals  may  allow  a  writ  of 
■error  to  either  party. 

Taxation  of  corjporations  as  stated  in  sections  176  to  180,  inclusive,  to  remain 
fixed  from  January  1,  1903,  to  January  1,  1913,  and  thereafter  until  modi- 
fied hy  General  Assembly. 

Sec.  181.  After  January  the  first,  nineteen  hundred  and  three,  the  sys- 
tem of  taxation,  as  to  the  corporations  mentioned  in  sections  One  Hundred 
and  Seventy-six  and  One  Hundred  and  Seventy-seven,  shall  be  as  set 
forth  in  sections  One  Hundred  and  Seventy-six  to  One  Hundred  jind  Eighty, 
inclusive;  and  for  that  year  the  franchise  tax  shall  be  based  upon  such 
gro.ss  receipts  for  the  year  ending  tlie  thirtieth  day  of  June,  nineteen  hun- 
dred and  three,  and  such  system  shall  so  remain  until  the  first  day  of  Jan- 
uary, nineteen  hundred  and  thirteen,  and  thereafter  until  modified  or 
changed,  as  may  be  prescribed  by  law;  provided,  that,  if  the  said  system 
shall  for  any  reason  become  inoperative,  the  Ceneral  Assembly  shall  have 
power  to  adopt  some  other  system. 

Taxation  of  shares  of  stock  of  trtist  or  security  companies 
and  incorporated  banks 

Sec.  182.  Until  otherwise  i)rescribed  by  law,  the  shares  of  stock  issued 
by  trust  or  security  companies  chartered  In-  this  State,  and  b\'  incorporated 
banks,  shall  be  taxed  in  the  same  manner  in  which  the  shares  of  stock  is- 


CONSTITUTIOX  OF  MRGINIA  309 

sued  by  incorporated  banks  were  taxed,  l)y  the  law  in  force  January  the 
first,  nineteen  hundred  and  two;  but  from  the  total  assessed  value  of  the 
shares  of  stock  of  any  such  company  or  bank,  there  shall  be  deducted  the 
assessed  value  of  its  real  estate  otherwise  taxed  in  this  State,  and  the  value 
of  each  share  of  stock  shall  be  its  proportion  of  the  remainder. 

Property  exempt  from  taxation 

Sec.  183.  Except  as  otherwise  provided  in  this  Constitution,  the  follow 
ing  property,  and  no  other,  shall  be  exempt  from  taxation,  State  and  local; 
but  the  General  Assembly  may  hereafter  tax  any  of  the  property  hereby 
exempted  save  that  mentioned  in  sub-section  (a) : 

(a)  Property  directly  or  indirectly  owned  l)y  the  State,  however  held, 
and  property  lawfully  owned  and  held  by  counties,  cities,  towns  or  school 
districts,  used  wholly  and  exclusively  for  county,  city,  town,  or  public- 
school  purposes,  and  obligations  issued  by  the  State  since  the  fourteenth 
day  of  February,  eighteen  hundred  and  eighty-two,  or  hereafter  exempted 
by  law. 

(b)  Buildings,  with  lanil  they  actually  occupy,  and  the  furniture  and 
furnishings  therein  lawfullj'  owned  and  held  by  churches  or  religious 
bodies,  and  wholly  and  exclusively  used  for  religious  worship,  or  for  the 
residence  of  the  minister  of  any  such  church  or  religious  body,  together 
with  the  additional  adjacent  land  reasonably  necessary  for  the  convenient 
use  of  any  such  building. 

(c)  Private  family  burying-grounds,  nor  exceeding  one  acre  in  area,  re- 
served as  such  by  will  or  deed,  or  shown  by  other  sufficient  evidence  to 
be  reserved  as  such,  and  so  exclusively  used,  and  jjublic  burying-grounds 
and  lots  therein  exclusivel}'  used  for  burial  purposes,  and  not  conducted 
for  profit,  whether  owned  or  managed  by  local  authorities  or  by  private 
corporations. 

(d)  Buildings,  with  the  land  they  actually  occupy,  and  the  furniture, 
fm-nishings,  books  and  instruments  therein,  wholly  devoted  to  educational 
purposes,  belonging  to,  and  actually  and  exclusively  occupied  and  used 
by  churches,  public  libraries,  incorporated  colleges,  academies,  industrial 
schools,  seminaries,  or  other  incorporated  institutions  of  learning,  includ- 
ing the  Virginia  Historical  Society,  which  are  not  corporations  having 
shares  of  stock  or  otherwise  owned  by  individuals  or  other  corporations; 
together  with  such  additional  adjacent  land  owned  by  such  churches, 
libraries  and  educational  institutions  as  may  be  reasonably  necessary  for 
the  convenient  use  of  such  buildings,  respectively;  and  also  the  buildings 
thereon  used  as  residences  by  the  officers  or  instructors  of  such  educational 
institutions;  and  also  the  permanent  endowment  funds  held  by  such  li- 


310    GOVERNiMENT  AND  POLITICS  IN  VIRGINIA 

braries  and  educational  institutions  directly  or  in  trust,  and  not  invested 
in  real  estate;  provided,  tliat  such  libraries  and  educational  institutions 
are  not  conducted  for  profit  of  any  jjcrson  or  persons,  natural  or  corporate, 
directly,  or  under  any  guise  or  pretence  whatsoever,  liut  the  exemption 
mentioned  in  this  sub-section  shall  not  apply  to  any  industrial  school, 
individual  or  corporate,  not  the  property  of  the  .State,  which  dcjes  work 
for  conii)ensation,  or  manufactures  and  sells  articles,  in  the  community 
in  whicli  such  school  is  located;  provided,  that  nothing  herein  contained 
shall  restrict  any  such  school  from  doing  \\-ork  for  or  selling  its  own  products 
or  any  other  articles  to  any  of  its  students  or  employees. 

(e)  Real  estate  belonging  to,  actually  and  exclusively  occupied,  and  used 
b\ ,  and  personal  property,  including  endowment  funds,  belonging  to  Young 
Men's  Christian  Associations,  and  other  similar  religious  associations, 
orphan  or  other  asylums,  reformatories,  hospitals  and  nunneries,  which  are 
not  conducted  for  profit,  but  purely  and  completely  as  charities. 

(f)  Buildings,  with  the  land  they  actually  occupy,  and  the  furniture 
and  furnishings  therein,  belonging  to  any  benevolent  or  charitable  asso- 
ciation and  used  exclusively  for  lodge  purposes  or  meeting  rooms  by  such 
association,  together  with  such  additional  adjacent  land  as  may  be  nec- 
essary for  the  convenient  use  of  the  buildings  for  such  purposes;  and 

(g)  Property  belonging  to  the  Association  for  the  Preservation  of  Vir- 
ginia Antiquities,  the  Confederate  Memorial  Literary  Society,  and  the 
Mount  Vernon  Ladies'  Association  of  the  Union. 

No  inheritance  tax  shall  be  charged,  directly  or  indirectly,  against  any 
legacy  or  devise  made  according  to  law  for  the  benefit  of  any  institution 
or  other  body  or  any  natural  or  corporate  jjerson  whose  i)roi)erty  is  exempt 
from  taxation  as  hereinbefore  mentioned  in  this  section. 

Nothing  contained  in  this  section  shall  be  construed  to  exempt  from  tax- 
ation the  property  of  any  person,  firm,  association  or  corporation,  who  shall, 
expressly  or  imi)licdly,  dir(>ct]y  or  indirectly,  contract  or  promise  to  pay 
any  sum  of  money  or  other  benefit,  on  account  of  death,  sickness,  or  acci- 
dent to  any  of  its  members  or  any  other  person;  and  whenever  any  build- 
ing or  land,  or  part  thereof,  mentioned  in  this  section  and  not  belonging 
to  the  State,  shall  be  leased  or  siiall  be  a  source  of  revenue  or  profit,  all  of 
such  buildings  and  land  shall  be  liable  to  taxation  as  other  land  and  build- 
ings in  the  same  county,  city,  or  town;  and  nothing  herein  contained  shall 
be  construed  as  authorizing  or  requiring  any  county,  city  or  town  to  tax 
for  county,  city  or  town  purposes,  in  violation  of  the  rights  of  the  lessees 
thereof  existing  under  any  lawful  contract  heretofore  made,  any  real  estate 
owned  by  such  county,  city  or  town,  and  heretofore  leased  by  it. 

Obligations  issued  by  counties,  cities,  or  towns  may  be  e.xempted  by  the 
authorities  of  such  localities  from  local  ta.\ation. 


CONSTITUTION  OF  VIRGINIA  311 

Contraction  of  debts  and  issue  of  evidences  of  indebtedness  by  State  jn-ohiMted 

with  certain  exceptions 

Sec.  184. 1  No  debt  shall  be  contracted  by  the  State  except  to  construct, 
or  recon.struct,  public  road.s,  to  meet  casual  deficits  in  the  revenue,  to  re- 
deem a  previous  liability  of  the  State,  to  suppress  insurrection,  repel  in- 
vasion, or  defend  the  State  in  time  of  war.  No  scrip,  certificate,  or  other 
evidence  of  State  indebtedness,  shall  be  issued  except  for  the  transfer  or 
redemption  of  stock  previously  issued,  or  for  such  debts  as  are  expressly 
authorized  in  this  Constitution. 

Lending  of  credit  to,  or  subscription  to  stock  of,  corporations  or  persons  by 
State,  county,  city  or  town  prohibited;  State  shall  become  interested  in  no 
icork  of  internal  improvement  except  public  roads.  Exception  as  to  coun- 
ties, cities  and  towns. 

Sec.  185.  Neither  the  credit  of  the  State,  not  of  any  county,  city,  or 
town,  shall  be,  directly  or  indirectly,  under  any  device  or  pretence  whatso- 
ever, granted  to  or  in  aid  of  any  person,  association,  or  corporation;  nor 
shall  the  State,  or  any  county,  city,  or  town  subscribe  to  or  become  in- 
terested in  the  stock  or  obligations  of  any  company,  association  or  corpo- 
ration, for  the  purpose  of  aiding  in  the  construction  or  maintenance  of 
its  work;  nor  shall  the  State  become  a  party  to  or  become  interested  in 
any  work  of  internal  improvement,  except  public  roads,  or  engaged  in 
carrying  on  any  such  work;  nor  assume  any  indebtedness  of  any  county, 
city,  or  town,  nor  lend  its  credit  to  the  same;  but  this  section  shall  not  pre- 
vent a  county,  city  or  town  from  perfecting  a  subscription  to  the  capital 
stock  of  a  railroad  company  authorized  by  existing  charter  conditioned 
upon  the  affirmative  vote  of  the  voters  and  freeholders  of  such  county, 
city,  or  town  in  favor  of  such  subscription;  provided,  that  such  vote  be 
had  prior  to  July  first,  nineteen  hundred  and  three. 

Collection  and  disposition  of  State  revenue;  payment  of  money  from  State 
treasury;  what  appropriations  .shall  not  be  made 

Sec.  186.  All  taxes,  licenses,  and  other  revenue  of  the  State,  shall  be 
collected  by  its  proper  officers  and  paid  into  the  State  treasury.  No  money 
shall  be  paid  out  of  the  State  treasury  except  in  pursuance  of  appropria- 
tions made  by  law;  and  no  such  appropriation  shall  be  made  which  is 
payable  more  than  two  years  after  the  end  of  the  session  of  the  General 
Assembly,  at  which  the  law  is  enacted  authorizing  the  same;  and  no  ap- 
propriation shall  be  made  for  the  payment  of  any  debt  or  obligation  created 

1  As  amended  by  amendment  adopted  November  2, 1920. 


312    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

in  the  name  of  the  State  during  the  war  between  the  Confederate  States 
and  the  Ignited  States.  N(!r  shall  any  county,  city,  or  town  pay  any  debt 
or  obligation  created  by  such  county,  city,  or  town  in  aid  of  said  war. 

Sinking  fund  for  State  debt;  every  law  creating  a  debt  to  provide  for  a  sinking 

fluid  for  its  payment 

Sec.  187.  The  General  Asscml)ly  shall  provide  and  maintain  a  sinking 
fund  in  accordance  with  the  provisions  of  section  Ten  of  the  act  approved 
February  the  twentieth,  eighteen  hundred  and  ninety-two,  entitled  "an 
act  to  provide  for  the  settlement  of  the  public  debt  of  Virginia  not  funded 
inidor  the  provisons  of  an  act  entitled  an  act  to  ascertain  and  declare 
Virginia's  equitable  share  of  the  debt  created  before,  andactuall}'  existing 
at  the  time  of  the  partition  of  her  territory  and  resources,  and  to  provide 
for  the  issuance  of  bonds  covering  the  same,  and  the  regular  and  prompt 
payment  of  the  interest  thereon,  approved  February  the  fourteenth,  eigh- 
teen hundred  and  eighty-two."  Every  law  hereafter  enacted  by  the 
General  Assembly,  creating  a  debt  or  authorizing  a  loan,  shall  provide  for 
the  creation  and  maintenance  of  a  sinking  fund  for  the  payment  or  redemp- 
tion of  the  same. 

Limit  of  tax  or  revenue 

Sec.  188.  No  other  or  greater  amount  of  tax  or  revenue  shall,  at  any  time, 
be  levied  than  may  be  required  for  the  necessary  expenses  of  the  govern- 
ment, or  to  pay  the  indebtedness  of  the  State. 

Rate  of  taxation;  application  of  proceeds;  pensions 

Sec.  189.  On  all  lands  and  the  improvements  thereon,  and  on  all  tangi- 
ble personal  property,  not  exempt  from  taxation  by  the  provisions  of  this 
article,  the  rate  of  State  taxation  shall  be  twenty  cents  on  every  hundred 
dollars  of  the  assessed  value  thereof,  tiie  proceeds  of  which  shall  be  ap- 
plied to  the  expenses  of  the  government  and  the  indebtedness  of  the  State, 
and  a  further  tax  of  ten  cents  on  every  hundred  dollars  of  the  assessed 
value  thereof,  which  shall  be  applied  to  the  support  of  the  pul)lic  free  schools 
of  the  State;  provided,  that  after  the  first  day  of  January,  nineteen  hun- 
dred and  seven,  the  tax  rate  upon  said  real  and  personal  property  for  such 
purposes  shall  be  prescribed  by  law.  But  the  General  Assembly,  during 
such  period  of  four  years,  in  addition  to  making  annually  an  appropriation 
for  pensions  not  to  exceed  the  last  appropriation  made  for  such  i)urpose 
prior  to  September  the  thirtieth,  nineteen  hundred  and  one,  may  levy 
annually,  a  special  tax  for  pensions,  on  such  real  and  personal  property 
of  not  exceeding  five  cents  on  the  hundred  dollars  of  the  assessed  value 
thereof. 


CONSTITUTION  OF  \  IRGINTA  315 

Article  XIV.  Miscellaneous  Provisions 
Homestead  exemptions;  when  not  to  apply 

Sec.  190.  Every  householder  or  head  of  a  family  shall  be  entitled,  in 
addition  to  the  articles  now  exempt  from  levy  or  distress  for  rent,  to  hold 
exempt  from  levy,  seizure,  garnishment,  or  sale  under  any  execution, 
order,  or  other  process  issued  on  any  demand  for  a  debt  hereafter  con- 
tracted, his  real  and  personal  property,  or  either,  including  money  and 
debts  due  him,  to  the  value  of  not  exceeding  two  thousand  dollars,  to  be 
selected  by  him;  provided,  that  such  exemption  shall  not  extend  to  any 
execution,  order,  or  other  process  issued  on  any  demand  in  the  following 
cases : 

First.  For  the  purchase  price  of  said  property,  or  any  part  thereof. 
If  the  property  purchased,  and  not  paid  for,  be  exchanged  for,  or  converted 
into,  other  property  bj^  the  debtor,  such  last  named  property  shall  not  be 
exempted  from  the  payment  of  such  unpaid  purchase  money  under  the 
provisions  of  this  article; 

Second.  For  services  rendered  by  a  laboring  person  or  mechanic; 

Third.  For  liabilities  incurred  by  any  public  officer,  or  officer  of  a  court, 
or  anj'  fiduciary,  or  any  attorney-at-law  for  monej'  collected; 

Fourth.  For  a  lawful  claim  for  any  taxes,  levies,  or  assessments  accruing 
after  the  first  day  of  June,  eighteen  hundred  and  sixty-six; 

Fifth.  For  rent. 

Sixth.  For  the  legal  or  taxable  fees  of  any  public  officer  or  officer  of  a 
court. 

In  ivhat  property  homestead  exemptions  cannot  he  claimed 

See.  191.  The  said  exemption  shall  not  be  claimed  or  held  in  a  shifting 
stock  of  merchandise,  or  in  any  property,  the  conveyance  of  which  by  the 
homestead  claimant  has  been  set  aside  on  the  ground  of  fraud  or  want 
of  consideration. 

Manner  and  conditions  on  u'hich  homestead  may  be  set  apart,  to  be  pre- 
scribed by  General  Assembly 

Sec.  192.  The  General  Assembly  shall  prescribe  the  manner  and  the 
conditions  on  which  a  householder  or  head  of  a  family  shall  set  apart  and 
hold  for  himself  and  family  a  homestead  in  any  of  the  property  hereinbe- 
fore mentioned.  But  this  section  shall  not  be  construed  as  authorizing 
the  General  Assembly  to  defeat  or  impair  the  benefits  intendetl  to  be  con- 
ferred by  the  provisions  of  this  article. 


314    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

Homestead  prenously  claimed  not  invalidated 

Sec.  19.?.  Nothing  contained  in  this  article  shall  invahdate  any  home- 
sfoad  oxciiiption  heretofore  claimed  under  the  provisions  of  the  former 
Constitution;  or  impair  in  any  manner  the  right  of  any  householder  or 
head  of  a  family  existing  at  the  time  that  this  Constitution  goes  into 
effect,  to  select  the  exemption,  or  any  part  thereof,  to  which  he  was  en- 
titled under  the  former  Constitution;  provided  that  such  right,  if  here- 
after exercised,  be  not  in  conflict  with  the  exemptions  set  forth  in  sections 
One  Hundred  and  Ninety  and  One  Hundred  and  Ninety-one.  But  no 
person  who  has  selected  and  received  the  full  exemption  allowed  by  thu 
former  Constitution,  shall  he  entitled  to  select  an  additional  exemptioe 
under  this  Constitution;  antl  no  person  who  has  selected  and  received 
part  of  the  exemption  allowed  by  the  former  Constitution  shall  be  entitled 
to  select  an  additional  exemption  beyond  the  difference  between  the  value 
of  such  part  and  a  total  valuation  of  two  thousand  dollars.  So  far  as  nec- 
essary to  accomplish  \hvt  purposes  of  this  section  the  provisions  of  chapter 
One  Hundred  and  Seventy-eight  of  the  Code  of  Virginia,  and  the  acts 
amendatory  thereof,  shall  remain  in  force  until  repealed  by  the  General 
As.sembly.     The  provisions  of  this  article  shall  be  liberally  construed. 

Stay  laws  prohibited;  exception  I 

Sec.  194.  The  General  Asseml)ly  is  hereby  prohibited  from  passing  any 
law  staying  the  collection  of  debts,  commonly  known  as  ''stay  laws"; 
but  this  section  shall  not  be  construed  as  prohibiting  any  legislation  which 
the  General  .\ssembly  ma.y  deem  necessary  to  fully  carry  out  the  i)rovisions 
of  this  article. 

Heirs  of  properly;  childern  of  slaves 

Sec.  195.  The  children  of  parents,  one  or  both  of  whom  were  slaves  at 
and  during  the  period  of  cohabitation,  and  who  were  recognized  l)y  the 
father  tis  his  children,  and  whose  mother  was  recognized  by  such  father 
as  his  wife,  and  was  cohabited  with  as  such,  shall  be  as  capable  of  inherit- 
ing any  estate  whereof  such  father  may  have  died  seized,  or  possessed,  or 
to  which  he  was  entitled,  as  though  they  had  been  born  in  lawful  wedlock. 

Article  XV.  Future  Changes  in  the  Constitution 
Amendments 

Sec.  196.  Any  amendment  or  amendments  to  the  Constitution  may  be 
proposed  in  the  Senate  or  Hou.se  of  Delegates,  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendment  or  amendments  shall  be  entered  on  their  jour- 


CONSTITUTION  OF  VIRGINIA  315 

nals,  with  the  ayes  and  noes  taken  thereon,  and  referred  to  the  General 
Assembly  at  its  first  reguhir  session  held  after  the  next  general  election  of 
menihers  of  the  House  of  Delegates,  and  shall  be  published  for  three 
months  previous  to  the  time  of  such  election.  If,  at  such  regular  session 
the  proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majority 
of  all  the  members  elected  to  each  house,  then  it  shall  be  the  duty  of  the 
General  Assembly  to  submit  such  proposed  amendment  or  amendments 
to  the  people,  in  such  manner  and  at  such  times  as  it  shall  prescribe;  and 
if  the  peoi)le  shall  approv'e  and  ratify  such  amendment  or  amendments 
by  a  majority  of  the  electors,  qualified  to  vote  for  members  of  the  General 
Assembly,  voting  thereon,  such  amendment  or  amendments  shall  become 
part  of  the  Constitution. 

Constitutional  Convention;  how  called 

Sec.  197.  At  such  time  as  the  General  Assembly  may  provide,  a  majority 
of  the  members  elected  to  each  house  being  recorded  in  the  affirmative, 
the  question,  "shall  there  be  a  convention  to  revise  the  Constitution  and 
amend  the  same?''  shall  be  submitted  to  the  electors  qualified  to  vote  for 
members  of  the  General  Assembly;  and  in  case  a  majority  of  the  electors 
so  qualified,  voting  thereon,  shall  vote  in  favor  of  a  convention  for  such 
purpose,  the  General  Assembly,  at  its  next  session,  shall  provide  for  the 
election  of  delegates  to  such  convention;  and  no  convention  for  such  pur- 
pose shall  be  otherwise  called. 

SCHEDULE 

That  no  inconvenience  maj'  arise  from  the  adoption  of  this  Constitu- 
tion, and  in  order  to  provide  for  carrjnng  it  into  complete  operation,  it  is 
hereby  ordained  that: 

Common  and  statute  laws;  how  long  in  force 

Section  1.  The  common  law  and  the  statute  laws  in  force  at  the  time 
this  Constitution  goes  into  effect,  so  far  as  not  repugnant  thereto  or  re- 
pealed thereby,  shall  remain  in  force  until  they  expire  by  their  own  limi- 
tation, or  are  altered  or  repealed  by  the  General  Assembly. 

Effect  of  ordinances  of  Convention 

Sec.  2.  All  ordinances  adopted  by  this  convention,  and  appended  to  the 
official  original  draft  of  the  Constitution  delivered  to  the  Secretary  of 
the  Commonwealth,  shall  have  the  same  force  and  effect  as  if  they  were 
parts  of  this  Constitution. 


316    GOVERNMENT  AND  POLITICS  !N  VIRGINIA 
Actions,  urits  and  causes  of  action  to  continue;  juricdiction  of  courts 

Sec.  3.  Except  as  modified  by  this  Constitution,  all  writs,  actions  and 
causes  of  action,  prosecutions,  rights  of  individuals,  of  l>odies  corporate 
or  politic,  and  of  the  State,  shall  continue.  All  legal  proceedings,  civil  and 
criminal,  pending  at  the  time  this  Constitution  goes  into  effect,  or  insti- 
tuted prior  to  the  finst  day  of  Fel)ruary,  nineteen  hundred  and  four,  in 
any  county  or  circuit  court  as  now  existing,  shall  be  prosecuted  therein; 
provided,  that  all  such  matters,  which  are  not  finally  terminated  before  the 
day  last  above  mentioned,  shall,  on  that  date,  by  operation  of  this  Consti- 
tution and  Schedule,  be  transferred  to  the  circuit  court  of  the  county  or 
city  created  under  this  Constitution,  and  shall  be  proceeded  with  therein. 
All  such  matters  pending  in  the  city  courts,  preserved  by  this  Constitu- 
tion, when  the  same  goes  into  effect,  or  thereafter  instituted  therein,  shall 
continue  in  said  courts,  and  be  therein  proceeded  with,  until  otherwise 
provided  by  law.  All  matters  before  justices  of  the  peace  or  police  jus- 
tices at  the  time  this  Constitution  goes  into  effect,  shall  be  proceeded  with 
before  them,  until  otherwise  provided  by  law.  All  legal  proceedings 
prosecuted  after  this  Constitution  goes  into  effect,  whether  in  any  of  the 
courts  now  existing,  or  in  those  created  by  this  Constitution,  shall  be  pro- 
ceeded with  in  the  manner  now  or  hereafter  provided  by  law,  except  as 
otherwise  required  by  this  Constitution. 

Escheats,  fines  and  forfeitures,  etc. 

Sec.  4.  All  taxes,  fines,  penalties,  forfeitures  and  escheats,  accrued  or 
accruing  to  the  Commonwealth  or  to  any  political  subdivision  thereof, 
under  the  present  Constitution,  or  under  the  laws  nows  in  force,  shall, 
under  this  Constitution,  enure  to  the  use  of  the  Commonwealth,  or  of  such 
subdivision  thereof. 

Recognizances,  obligations,  etc.,  remain  binding  and  valid 

Sec.  5.  All  recognizances,  and  other  obligations,  and  all  other  instru- 
ments entered  int(j  or  executed  before  the  adoption  of  this  Constitution, 
or  before  the  complete  organization  of  the  departments  thereunder,  to 
the  Commonwealth,  or  to  any  county  or  political  subdivision  thereof, 
city",  town,  board,  or  other  public  corporation  or  institution  therein,  or  to 
any  public  officer,  shall  remain  binding  and  valid,  and  rights  and  liabilities 
thereunder  shall  continue  and  may  be  enforced  or  prosecuted  in  the  courts 
of  this  State  as  now  or  hereafter  provided  by  law. 


CONSTITUTION  OF  VIRGINIA  317 

Supreme  Court  of  Appeah 

Sec.  6.  From  the  day  this  Constitution  goes  into  effect,  the  present 
judges  of  the  Supreme  Court  of  Appeals,  or  their  successors  thru  in  office, 
shall  be  the  judges  of  the  Supreme  Court  of  Appeals  created  by  this  Con- 
stitution, and  continue  in  office,  unless  sooner  removed,  until  February 
the  first,  nineteen  hundred  and  seven.  The  jurisdiction  of  the  court  shall 
be  as  now  or  hereafter  provided  by  law,  sul)jcct  to  the  provisions  of  this 
Constitution.  All  proceedings,  then  i)endiiig  in  the  court  as  now  organ- 
ized, shall,  by  virtue  of  this  Constitution,  be  transferred  to  and  disposed 
of  by  the  court  created  by  this  Constitution. 

County  Courts 

Sec.  7.  The  present  judicial  system  of  county  and  circuit  courts  of  the 
Commonwealth  is  continued,  and  the  terms  of  the  several  judges  thereof, 
with  the  powers  and  duties  now  possessed  by  them  respectively,  are  con- 
tinued, until  the  first  day  of  February,  nineteen  hundred  and  four,  as  if 
this  Constitution  had  not  been  adopted;  on  which  day  the  judicial  system 
of  circuit  courts  created  by  this  Constitution  shall  go  into  operation.  The 
terms  of  the  judges  of  the  city  courts,  as  preserved  by  this  Constitution, 
of  the  cities  of  Alexandria,  Charlottesville,  Danville,  Fredericksburg, 
LjTichburg,  Petersburg,  Norfolk,  Portsmouth,  Richmond,  Staunton, 
Manchester,  Roanoke,  Winchester,  and  Newport  News,  shall  continue 
until  the  first  day  of  February,  nineteen  hundred  and  seven;  and  the  terms 
of  the  judges  of  the  city  courts,  as  preserved  by  this  Constitution,  of  the 
cities  of  Bristol,  Radford  and  Buena  Vista,  shall  continue  until  the  first 
day  of  February,  nineteen  hundred  and  four,  imless  the  said  courts  shad 
be  sooner  abolished.  The  privilege  now  allowed  by  statute  to  judges  of 
county  courts  and  to  judges  of  certain  city  courts  to  practice  law,  shall 
continue  during  the  terms  of  the  judges  whose  terms  are  continued  by 
this  Schedule,  unless  otherwise  provided  by  law. 

Clerks  of  courts 

Sec.  8.  The  terms  of  the  clerks  of  the  county  and  circuit  courts  now  in 
office,  or  their  successors,  shall  continue  until  the  first  day  of  February, 
nineteen  hundred  and  four;  and  thereupon,  the  several  clerks  of  the  county 
courts  in  those  counties  in  which  such  clerks  are  now  ex-officio  clerks  of 
the  circuit  courts  of  said  counties  shall  be  and  become  the  county  clerks 
of  their  respective  counties,  and  the  clerks  of  all  the  other  county  courts 
of  the  State,  except  the  counties  of  Accomac,  Augusta,  Bedford,  Campbell, 
Elizabeth  City,  Fairfax,  Lee,  Loudoun,  Hanover,  Henrico,  Rockingham 


318    GOVERNMENT  AND  POLITICS  IN  MRGINIA 

Nansemond,  Southampton,  Pittsylvania,  Nelson  and  Wythe,  and,  as  such, 
the  clerks  of  the  circuit  courts  created  therefor  by  this  Constitution,  and 
shall  hold  office  as  such  until  the  first  day  of  January,  nineteen  hundred  and 
six,  unless  sooner  removed,  and  their  successors  shall  be  elected  on  Tues- 
day after  the  first  Monday  in  November,  nineteeu  hundred  and  five;  pro- 
vided that  the  first  term  f)f  the  cl(>rks  so  elected  be  for  six  years.  In  the 
counties  of  Accomac,  Augusta,  Bedford,  Cami)bell,  Elizabeth  City,  Fairfax, 
Lee,  Loudoun,  Hanover,  Henrico,  Rockingham,  Nansemond,  Southampton, 
Pittsylvania,  Nelson  and  Wythe,  in  which  there  are  now  separate  clerks 
for  the  county  and  (circuit  courts  thereof,  there  shall  be  elected  on  Tuesday 
after  the  first  Monday  in  November,  nineteen  hmidred  and  three,  county 
clerks  fcjr  such  countless.  The  terms  of  the  clerks  now  in  office,  or  their 
successors,  of  the  several  city  courts  preserved  l)y  this  Constitution,  shall 
continue  until  the  first  day  of  January,  nineteen  hundred  and  seven;  and 
their  successors  shall  be  elected  on  Tuesday  after  the  first  Monday  in 
November,  nineteen  hundred  and  five;  l)ut  if  any  of  such  city  courts  shall 
be  sooner  abolished  as  provided  in  this  Constitution  or  by  law,  then  the 
term  of  the  clerk  of  any  such  court  shall  thereupon  determine. 

Governor  and  State  officers  , 

Sec.  9.  The  first  election  of  the  Governor  and  of  all  officers  required  by 
this  Constitution,  to  be  chosen  I)y  the  qualified  voters  of  the  State  at  large, 
shall  be  held  on  the  Tuesday  after  the  first  Monday  in  November,  nineteen 
hundred  and  five,  and  their  terms  of  office  shall  besin  on  the  first  day  of 
February  following  their  electi(jn.  The  present  incuml)ents  of  said  offices, 
or  their  successors,  shall  continue  in  office  until  the  last-named  day. 

Member.'^  of  General  Assembly;  county  officers 

Sec.  10.  The  first  election  of  members  of  tlie  House  of  Delegates,  and  of 
all  county  and  district  officers,  to  be  elected  by  the  i)eople  under  this  Con- 
stitution, except  as  otherwise  provided  in  this  Schedule,  shall  be  held  on 
Tuesday  after  the  first  Monday  in  November,  in  the  year  nineteen  hun- 
dred and  three;  and  the  terms  of  office  of  the  several  officers  elected  at 
that  or  any  subsequent  election  shall  begin  on  the  first  day  of  January, 
next  after  their  election,  except  as  otherwise  provided  in  this  Constitu- 
tion or  in  this  Schedule.  And  the  terms  of  the  office  of  the  sheriff.  Com- 
monwealth's attorney,  treasurer,  commissioners  of  the  revenue,  superin- 
tendent of  the  poor,  supervisors  of  the  several  counties,  justices  of  the 
peace,  and  overseers  of  the  poor,  and  of  any  incumbent  of  any  other  county 
or  district  office  not  abolished  by  this  Constitution,  nor  herein  specifi- 
cally mentioned,  now  in  office,  or  their  successors,  or  whose  terms  of  office 


CONSTITUTION  OF  VIRGINIA  319 

shall  begin  on  the  first  day  of  July,  nineteen  hundred  and  two,  are  contin- 
ued until  January  the  first,  nineteen  hundred  and  four. 

The  terms  of  the  present  members  of  the  House  of  Delegates,  and  the 
terms  of  the  senators  now  in  office,  or  (in  case  of  vacancies  therein)  their 
successors,  rei)resenting  the  senatorial  districts  bearing  even  numbers, 
are  extended  until  the  second  Wednesday  in  January,  nineteen  hundred 
and  four;  provided,  that  the  term  of  the  senator,  now  residing  in  the  city 
of  Richmond,  who  by  the  provisions  of  the  apportionment  act,  approved 
April  the  second,  nineteen  hundred  and  two,  is  continued  in  office  as  one 
of  the  senators  from  the  thirty-eighth  senatorial  district  thereiiy  created, 
be  extended  until  the  second  Wednesday  in  January,  nineteen  hundred  and 
six.  The  terms  of  the  senators  now  in  office,  or  (in  case  of  vacancies 
therein)  their  successors,  representing  the  senatorial  districts  l^earing  odd 
numbers  are  extended  until  the  second  Wednesday  in  January,  nineteen 
hundred  and  six. 

In  the  senatorial  districts  bearing  even  numbers,  there  shall  be  elected, 
on  the  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred 
and  three,  for  a  term  of  four  years,  to  begin  on  the  second  Wednesday  in 
January  succeeding  their  election,  members  of  the  Senate  to  represent 
such  districts;  in  the  senatorial  districts  bearing  odd  numbers,  and  in  the 
city  of  Richmond  to  fill  the  vacancy,  which  will,  as  above  provided,  occur 
on  the  second  \^'ednesday  in  January,  nineteen  hundred  and  six,  there  shall 
be  elected,  on  the  Tuesday  after  the  first  Monday  in  November,  nineteen 
hundred  and  five,  for  a  term  of  two  years,  to  begin  on  the  second  Wednes- 
day in  January  succeeding  their  election,  members  of  the  Senate  to  rep- 
resent such  districts;  and  on  the  Tuesday  after  the  first  Monday  in  No- 
vember, nineteen  hundred  and  seven,  there  shall  be  elected,  for  the  term 
of  four  years,  to  begin  on  the  second  Wednesday  in  January  succeeding 
their  election,  a  senator  from  each  senatorial  district  in  the  State. 

Terms  of  other  officers 

Sec.  11.  All  other  State,  county,  and  district  officers,  and  their  suc- 
cessors, who  may  be  in  office  at  the  time  this  Constitution  goes  into  effect, 
except  the  Auditor  of  Public  Accounts,  the  Second  Auditor,  the  Register 
of  the  Land  Office,  the  Superintendent  of  Public  Printing,  the  Com- 
missioner of  Labor  and  Industrial  Statistics,  Railroad  Commissioner, 
notaries  public,  the  Adjutant-General,  the  Superintendent  and  Surgeon 
of  the  Penitentiary,  the  Manager  and  the  Svu'geon  of  the  State  Prison 
Farm,  the  superintendents  of  the  several  State  hospitals,  and  the  school 
superintendents  for  counties  and  cities,  and  school  trustees,  shall,  unless 
their  respective  offices  be  abolished,  or  unless  otherwise  provided  by  this 


320    GOVERNMENT  AND  POLITICS  IN  \  IRGINIA 

Constitution  or  Schedule,  hold  their  respective  offices,  and  discharge  the 
respective  duties  and  exercise  the  respective  powers  thereof,  until  January 
the  first,  nineteen  hundred  and  four.  The  terms  of  the  present  incumbents 
in  the  offices  of  Auditor  of  Public  Accounts,  Second  Auditor,  Register  of 
the  Land  Office,  Superintendent  of  Public  Printing,  and  Commissioner  of 
Labor  and  Industrial  Statistics,  shall  continue  until  March  the  first,  nine- 
teen hundred  and  four.  The  term  of  the  Railroad  Commissioner  shall 
end  as  soon  as  the  State  Corporation  Commission  shall  be  organized. 
Notaries  public  shall  continue  in  office  until  their  respective  commissions 
shall  expire.  The  term  of  the  office  of  Adjutant  CJeneral  shall  expire 
March  the  first,  nineteen  hundred  and  six.  The  Superintendcnit  and  the 
Surgeon  of  the  Penitentiary,  the  Manager  and  the  Surgeon  of  the  State 
Prison  Farm,  the  superintendents  of  the  several  State  hospitals,  shall 
continue  in  office  until  their  successors  shall  be  appointed  by  the  respective 
boards  empowered  under  this  Constitution  to  make  the  several  appoint- 
ments. The  school  superintendents  for  counties  and  cities  shall  remain 
in  office  for  their  respective  terms,  and  until  their  successors  are  appointed. 
School  trustees  now  in  office,  or  their  sviccessors,  shall  remain  in  office 
until  otherwise  provided  by  law.  EI(;('toral  boards,  with  the  powers  con- 
ferred by  existing  laws,  except  the  appointment  of  registrars,  shall  remain 
in  office  until  March  the  first,  nineteen  hundred  and  four. 

State  boards 

Sec.  12.  The  terms  of  the  State  Board  of  Education,  the  State  Corpo- 
ration Commis.sion,  and  the  Board  of  Agriculture  and  Lnmigration,  the 
directors  of  public  institutions  and  prisons,  and  of  each  State  hospital, 
and  the  Commis.sioncr  of  State  Hospitals,  to  l)e  first  elected,  or  appointed, 
under  this  Constitution,  shall  begin  on  March  the  first,  nineteen  hundred 
and  three.  The  board  of  any  of  the  above-named  departments  and 
institutions  as  now  constituted  shall  continue  imtil  the  boards  created 
under  this  Constitution  for  such  departments  and  institutions,  respectively, 
are  duly  organized.  And  the  terms  of  the  members  of  the  Board  of  Fish- 
eries are  continued  until  March  the  first,  nineteen  hundred  and  six.  The 
terms  of  the  trustees  or  visitors  of  the  State  educational  institutions, 
and  other  honorary  appointments  made  by  the  Governor,  are  continued 
until  otherwise  provided  by  law. 

Charters 

Sec.  13.  Charters  of  incorporations  may,  until  the  first  day  of  April, 
nineteen  hundred  and  three,  be  granted  or  amended  by  the  courts  of  the 
State  in  accordance  with  the  laws  in  force  when  this  Constitution  goes 


CONSTITUTION  OF  VIRGINIA  321 

into  effect,  unless  the  Cieneral  Assembly  shall  sooner  provide  for  the  crea- 
tion of  corporations  as  required  by  this  Constituti(jn. 

City  officers 

Sec.  14.  The  terms  of  all  officers  elected  by  the  qualified  voters  of  a 
city,  and  of  their  successors,  in  office  at  the  time  this  Constitution  ^ocs  into 
effect,  or  whose  terms  of  office  begin  on  the  first  day  of  July,  nineteen 
hundred  and  two,  except  the  terms  of  maj^ors,  of  members  of  city  councils 
and  of  the  clerks  of  city  courts,  are  continued  until  January  the  first, 
nineteen  hundred  and  six;  and  their  successors  shall  l)e  elected  on  the  Tues- 
day after  the  first  Monday  in  November,  nineteen  hundred  and  five. 
The  terms  of  all  city  officers,  not  so  elected,  shall  expire  as  provided  in 
the  charters  of  the  several  cities,  or  as  may  be  provided  by  law. 

Same;  mayor  and  councilmen 

Sec.  15.  Until  otherwise  provided  by  law,  the  mayors  of  the  several 
cities  continue  in  office  until  September  the  first,  nineteen  hundred  and 
four,  and  their  successors  shall  be  elected  the  second  Tuesday  in  June, 
nineteen  hundred  and  four.  Until  otherwise  provided  by  law,  the  members 
of  the  several  city  councils  shall  contine  in  office  for  the  terms  prescribed 
in  the  charters  of  their  respective  cities,  except  that  wheu  their  terms  are 
prescribed  as  ending  on  the  first  day  of  July  of  any  year,  they  shall  be 
extended  until  the  first  day  of  September  following. 

Vacancies  in  office 

Sec.  16.  Vacancies  in  any  office,  the  term  of  which  is  confirmed  or  ex- 
tended by  this  Schedule,  occurring  during  such  term  or  extension  thereof, 
shall  be  filled  in  the  manner  prescribed  by  law. 

Bonds 

Sec.  17.  All  officers,  whose  terms  of  office  are  extended  by  this  Sched- 
ule, required  by  law  or  municipal  ordinance  to  give  bond  for  the  faithful 
discharge  of  the  duties  of  their  respective  offices,  shall,  prior  to  the  ex- 
piration of  the  terms  for  which  they  were  respectively  chosen,  before  the 
court  or  other  authority  before  whom  such  officer  was  required  by  law  or 
municipal  ordinance  to  give  such  bond,  enter  into  a  new  bond,  in  the  same 
penalty  and  with  such  security  as  was  prescribed  by  law  or  municipal 
ordinance  in  respect  to  his  former  bond,  and  with  like  conditions  as  therein 
prescribed,  for  the  faithful  discharge  of  the  duties  of  his  office  for  the  ex- 


322    GOVERNMENT  AND  POLITICS  IN  VIRGINIA 

tended  term  herein  provided  for,  and  until  his  successor  shall  have  been 
duly  chosen,  and  shall  have  (|ualified  according;  to  law.  l^pon  failure  to 
give  such  bind  within  the  time  above  prcscribcil,  the  office  shall,  ui)on  the 
expiration  of  the  term  for  which  the  incumbent  thereof  was  chosen,  be- 
come vacant. 

Qualifications  of  voters 

Sec.  IS.  In  all  elections  held  after  this  Constitution  goes  into  effect, 
the  qualifications  of  electors  shall  be  those  re(}uired  by  Article  Two  of 
this  Constitution. 

Extra  session  of  General  Assembly 

Sec.  19.  The  General  Assembly,  which  convened  on  the  first  Wednes- 
day in  December,  nineteen  hundred  and  one,  shall  l^e  called  by  the  Gover- 
nor to  meet  in  session  at  the  Capitol  at  twelve  o'clock  M.,  on  Tuesday, 
the  fifteenth  day  of  July,  nineteen  hundred  and  two.  It  shall  be  vested 
with  all  the  powers,  charged  with  all  the  duties,  and  subject  to  all  the  limi- 
tations prescribed  by  this  Constitution  in  reference  to  the  General  As- 
sembly, except  as  to  the  limitation  upon  the  period  of  its  session,  qualifi- 
cations of  members,  and  as  to  the  time  at  which  any  of  its  acts  shall  take 
effect;  but  the  ineligibility  of  the  members  thereof  to  be  elected  to  any  other 
office  during  their  terms  as  mem])ers  of  the  General  Assembly  shall  be 
such  as  is  imposed  by  this  Constitution.  The  said  General  Assembh/ 
shall  elect  judges  for  all  of  the  circuit  courts  provided  for  in  this  Consti- 
tution, and  also  of  the  corporation  courts  for  Bristol,  Radford,  and  Buena 
Vista,  unless  said  citv  courts  are  sooner  abolished. 

Powers,  duties,  etc.,  of  General  Assembly 

Sec.  20.  The  said  General  Assembly  shall  enact  such  laws  as  maj'  be 
deemed  proper,  including  those  necessary  to  put  this  Constitution  into  com- 
plete operation;  to  confirm  those  officers  whose  appointment  is  made  by  this 
Constitution,  subject  to  confirmation  by  the  General  Assembly  or  either 
house  thereof;  and  to  transact  other  proper  business;  and  such  session  shall 
continue  so  long  as  may  be  necessary.  Th(>  members  shall  receive  for  their 
services  four  dollars  per  day,  for  the  time  when  the  General  .\ssembly  is 
actually  in  session,  including  Sundays  and  recesses  of  not  exceeding  five 
days,  and  the  mileage  provided  by  law;  the  speaker  of  the  House  of  Dele- 
gates and  president  of  the  Senate  shall  each  receive  seven  dollars  per  day 
for  the  same  period  and  the  mileage  provided  by  law;  and  the  other  offi- 
cers and  employees  shall  receive  such  compensation  for  their  services 
as  the  General  Assembly  may  prescribe.  Provision  may  be  made  for 
compensation  at  said  rate  of  four  dollars  per  day  of  members  of  legislative 
committees  which  may  sit  during  any  recess  of  said  session. 


CONSTITUTION  OF  VIRGINIA  323 

Clerks  of  Senate  and  House  of  Delegates 

Sec.  21.  The  compensation  and  duties  of  the  clerk  of  the  House  of  Dele- 
gates and  of  the  clerk  of  the  Senate  sluill  continue  as  now  fixed  by  law  until 
the  first  of  January,  nineteen  hundred  and  three,  after  which  date  their 
compensation  shall  be  as  prescribed  by  section  Sixty-six  of  this  Constitu- 
tion. 

Oath  to  support  the  Constitutiott 

Sec.  22.  When  the  General  Assembly  convenes  on  the  fifteenth  day  of 
July,  ninet(>en  hundred  and  two,  its  members  and  officers,  before  entering 
upon  the  discharge  of  their  duties,  shall  severally  take  and  subscribe  the 
oath  or  affirmation  prescribed  by  section  Thirty-four  of  the  Constitution. 
And  not  later  than  the  twentieth  day  of  July,  nineteen  hundred  and  two, 
the  Governor  and  all  other  executive  officers  of  the  State,  whose  offices 
are  at  the  seat  of  government,  and  all  judges  of  courts  of  record,  shall 
severally  take  and  subscribe  such  oath  or  affirmation;  and  upon  the  failure 
of  any  such  officer,  executive  or  judicial,  to  take  such  oath  by  the  day 
named,  his  office  shall  thereby  become  vacant.  Such  oaths  or  affirma- 
tions shall  be  taken  and  subscribed  before  any  person  authorized  by  ex- 
isting laws  to  administer  an  oath.  The  Secretary  of  the  Commonwealth 
shall  cause  to  be  printed  the  necegsary  blanks  for  carrying  into  effect  this 
provision,  and  the  said  oaths  and  affirmations  so  taken  and  subscribed, 
except  of  the  members  and  officers  of  the  General  Assembly,  shall  be  re- 
turned to  and  filed  in  his  office;  and  those  taken  by  the  members  and  offi- 
cers of  the  General  Assembly  shall  be  preserved  in  the  records  of  the  re- 
spective houses. 

Official  copy  of  Constitution 

Sec.  23.  The  official  copy  of  the  Constitution  and  Schedule,  and  of  any 
ordinance  adopted  by  the  Convention,  shall,  as  soon  as  they  shall  be  en- 
rolled, be  signed  b}'  the  president  and  attested  by  the  Secretary  of  the 
Convention,  and  the  president  will  thereupon  cause  the  same  to  be  deli^'- 
ered  to  the  Secretary  of  the  Commonwealth,  who  will  file  and  preserve 
the  same  securely,  among  the  archives  of  the  State  in  his  custody. 

The  Secretarj^  of  the  Commonwealth  will  cause  the  Constitution, 
Schedule  and  said  ordinances  to  be  transcribed  in  a  book  to  be  provided 
for  the  purpose  and  safely  kept  in  his  office. 

The  secretary  of  the  Convention  will  immediately  upon  the  adoption 
of  this  Schedule,  deliver  a  certified  copy  of  the  Constitution  and  Schedule, 
and  of  said  ordinances,  to  the  Governor  of  the  Commonwealth. 


324    GOVERNMENT  AMJ  POLITICS  IN  VIRGINIA 

Proclamation  of  the  Governor 

Sec.  24.  The  Governor  is  authorized  and  directed  to  immediately  issue 
his  proclamation  announcing  that  this  revised  and  amended  Constitution 
has  been  ordained  l)y  the  people  of  Virginia,  assembled  in  Convention, 
through  their  ropresentatives,  as  the  Constitution  for  the  government  of 
the  people  of  the  State,  and  will  go  into  effect  as  such,  subject  to  the  pro- 
visions of  the  Schedule  annexed  thereto,  on  the  tenth  day  of  July,  nineteen 
hundred  and  two,  at  noon,  and  qalling  upon  all  the  people  of  Virginia  to 
render  their  true  and  loyal  support  to  the  same,  as  the  organic  law  of  the 
Conunonwealth. 

When  Constitution  and  Schedule  take  effect 

Sec.  25.  This  Constitution  shall,  exce|)t  as  is  otherwise  provided  in  the 
Schedule,  go  into  effect  on  the  tenth  day  of  July,  nineteen  hundred  and 
two,  at  noon. 

This  Schedule  shall  take  effect  from  its  passage. 


INDEX 


Accidents,  protection  against, 
11-13. 

Adjutant  General,  102. 

Administrative  board,  Ricli- 
mond,  121. 

Agriculture,  government  as- 
sistance to,  3S-42;  State 
Commissioner  of,  98;  State 
Board  of,  9S,  99;  national 
government  assistance,  155; 
U.  S.  Department  of,  197. 

Alaska,  government  of,  173. 

Aldermen,  120. 

Ambassadors,  137,  193. 

Amendment,  of  Va.  constitu- 
tion, method  of,  72;  of  na- 
tional constitution,  161,  162. 

Amendments  of  national  con- 
stitution, seventeen,  1G2-16l>. 

American  citizens,  the  making 
of,  139,  140;  who  are,  163, 
164;  duties  of,  220-222. 

Annapolis  Convention,  159. 

Appeals,  meaning  of,  21,  106, 
200,  201. 

Appointment,  Governor's  pow- 
er of,  94;  President's  pow- 
er of,   191. 

Army,  U.  S.,  140,  142. 

Articles  of  Confederation,  158, 
159. 

Assessment,  of  property,  114, 
115;  special,  36,  129. 

Assessors,  land,  114. 

Attorney  General,  of  Va.,  94, 
96,  97;  of  U.  S.,  196,  197. 

Attorneys,  commonwealth's, 
109,  114,  121;  U.  S.  district, 
197,  206. 

Auditor,  of  Va.,  97;  Second, 
97. 


Bail,  19,  20. 
Ballot,  77. 


Ballot  box,  77. 

Banks,  control  over  state,  99; 
postal  savings,  151;  nation- 
al, 152-154;    reserve,   153. 

Berkeley,   Governor,   43. 

Bill,  meaning  of,  88,  182. 

Blacksburg,  551. 

Board  of  control,  Norfolk,  121. 

Boards,  of  visitors,  102;  see 
also  State  Board. 

Boss,  political,  91. 

Boys'  corn  clubs,  42. 

Cabinet,  President's,  194,  195. 

Campaign,  political,  188,  18 

Canal,  Panama,  143,  147 

Canning   clubs,   girls',   42 

Cape  Charles,  143. 

Cape  Henry,  143. 

Capitol,  of  Va.,  90,  91;  of  U. 
S.,  134. 

Cattle,  diseases  of,  40,  41. 

Census,  177. 

Charities,  14,  102. 

Charlottesville,  51. 

Charter,  of  corporations,  99; 
meaning  of  city,  120. 

Circuit  courts,  in  Va.,  106;  of 
appeals,  U.  S.,  201. 

Circuits,  judicial,  in  Va.,  lOG; 
U.  S.  judicial,  201. 

Cities,  life  in,  2;  why  people 
live  in,  3;  preservation  of 
peace  in,  10;  accidents  in, 
12,  13;  health  in,  24,  28,  29; 
drinking  water  In,  24,  25; 
protection  of  milk  and  foods 
in,  25,  26;  fire  departments 
in,  32;  education  in,  50,  51; 
libraries  in,  54;  streets  in, 
62-65;  parks  in,  66;  nomina- 
tion of  officers  in,  85; 
courts  in,  105,  106;  growth 
of,  in  Va.,  118;  problems  of, 
119-120;  government  of,  120- 


325 


320 


INDEX. 


124;  distinguished  from 
towns,  124,  125;  taxation  in, 
131. 

Citizenship,  duties  of,  79,  220- 
222;  a  qualification  for 
voters,  74,  75;  granted  to 
aliens,  139,  140,  197;  grant- 
ed to  negroes,   163,  164. 

City  manager,  124. 

City  planning,  62. 

Civil  Service  Commisson,  U. 
S.,  198. 

Civil  suit,  meaning  of,  109. 

Clerk,  of  county,  114. 

Cleveland,  Grover,  141. 

Coast  defenses,  143. 

Collectors,  of  customs,  209;  of 
internal  revenue,  210,  211. 

Colonies,  government  of,  68, 
157;  union  of,  157. 

Colored  people,  freedom  of, 
from  slavery,  17,  163; 
schools  for,  49,  52;  citizen- 
ship granted  to,  163,  164; 
protection  for,  164. 

Commerce,  foreign,  137,  145; 
interstate,  14.5-148,  198;  TJ. 
S.  Department  of,  197. 

Commission  plan  of  city  gov- 
ernment, 122,  123. 

Commissioner,  of  Agriculture 
and  Immigration,  94,  98; 
Dairy  and  food,  99;  of  La- 
bor and  Industrial,  Statis- 
tics, 100;  of  Highways,  100; 
of  Health,  lOO;  of  State 
Hospitals,  102. 

Commissioners  of  revenue, 
county,  114,  115. 

Committees,  of  General  As- 
sembly, 88,  89;  of  political 
parties,  82,  188,  189;  of  city 
councils,  121;  of  Congress, 
181,  182. 

Commonwealth's  attorney, 
109,   114,   121. 

'Community,  definition  of,  2; 
why  people  live  in,  3;  lib- 
erty in,  14,  15;  how  schools 
help,    52,    53;    improvement- 


of  appearances  of,  59,  60,  Go. 
64. 
Congress,  powers  of,  168,  169, 
restrictions  on,  169-171;  two 
houses  of,  175;  representa- 
tion in,  175-178;  sessions  of, 

179,  180;     organization    or, 

180,  181;  committee  system 
in,  181,  182;  protection 
against,  by  courts,  206. 

Congress  of  Confederacy,  90. 

Congressional  districts,  175- 
177. 

Congressmen,  election  of,  175- 
177;  term  of,  177;  qualifica- 
tions of,  180;  nomination  of, 
178,  179;  pov/er  of,  over  ap- 
pointments, 191,  192. 

Consolidated  schools,  48,  49. 

Constables,  10,  31,  93,  114. 

Constitution,  origin  of,  68,  69, 
definition  of,  69;  history  of, 
in  Va.,  69,  70;  of  1902, 
70,  71;  importance  of, 
in  Va.,  71;  amendment  of, 
72;  of  the  nation,  157-166; 
framing  of  national,  159, 
160;  adoption  of  national, 
160,  161;  opposition  to  na- 
tional, 160;  amendment  of 
national,  161,  162;  seven- 
teen amendments  to  nation- 
al, 162-165;  importance  of 
national,  165,  166;  nation- 
al, is  supreme  law  of  the 
land,  168;  protection  of  na- 
tional, 205,  206. 

Consuls,  145. 

Consuls  general,  145. 

Continental  Congress,  157, 
158. 

Convention,  constitutional,  in 
Va.,  69-71;  of  political  par- 
ties, 83-85;  Annapolis,  159; 
constitutional,  of  1787,  159; 
ratifying,  of  Va.,  160;  na- 
tional party,  188. 

Copyrights,  154. 

Corn    clubs,    boys',   42. 

Coroners.  115. 


INDEX. 


327 


Corporation  Commission  of 
Va.,  99. 

Corporations,  99. 

Corporation  courts,  106. 

Council,  city,  120,  122;  town, 
125. 

Councilmanic  plan,  of  city 
government,  122. 

Councilmen,  120,  122. 

Counties,  roads  in,  59;  courts 
in,  105,  106;  reason  for,  in 
Va.,  Ill,  112;  powers  of, 
112;  government  of,  112- 
116;  h'"story  of,  116. 

Courts,  necest:ity  for,  104; 
protection  in,  104,  105;  sys- 
tem of,  in  Va.,  105-108; 
judges  of,  in  Va.,  108;  ne- 
cessity fcr  aational,  200; 
system  of  national,  200-202; 
judges  of  national,  '^02,  203; 
jurisdiction  of  national,  204, 
205. 

Criminal  case,  maaninfe  of, 
109. 

Crop  pests,  40. 

Customs,  see  Duties. 

Dairy  and  Food  Commission 
er,  99. 

Deaf  and  blind  institutes,  5^;. 

Delegates,  election  of  mem 
bers  of  House  of,  86,  87. 

Democratic  party,  see  Polit- 
ical  Parties. 

Departments,  of  government, 
86;  executive,  of  state  gov- 
ernment, 96-102;  executive, 
of  national  government, 
195-198. 

Desires  of  individuals,  3,  4; 
government  assistance  for, 
6. 

Diplomatic  representatives, 
137,  193. 

Diseases,  protection  against 
23,  24. 

District  of  Columbia,  govern- 
ment of,  173. 


District  attorney,  U.  S.,  197, 

206. 
District  courts,  U.  S.,  201,  202. 
Division   of   powers,   between 

national     government     and 

states,    167,    168. 
Division   superintendents,    of 

schools,  98,  115,  124. 

Drinking     water,     protection 

against  impure,  24,  25. 
Dunmore,  Lord,   68. 
Duties,  customs,  208-210. 

Education,  why  the  govern 
ment  promotes,  43;  history 
of,  in  Va.,  43-46;  in  New 
England,  44,  45;  private 
and  public,  46,  47;  aims  of 
government  in,  48-50;  in 
cities,  50,  51;  higher,  51,  52; 
State  Board  of,  97;  see  also 
ScTiools. 

Election,  places  of,  76;  offi- 
cers of,  76;  see  also  Votes 
and  Voters. 

Electors,  presidential,  185-188. 

Electrocution,  22. 

Eminent  domain,  definition 
of,  34;  power  of,  given  to 
railroads,  34;  distinguished 
from  taxation,  34,  128. 

Engineer,    road,    58,    59. 

Established  church,  16,  17. 

Examinations,  for  physicians, 
and  pharmacists,  26,  102; 
for  teachers,  98;  for  den- 
lists,  102;  for  graduate 
nurses,  102;  for  veterinar- 
ians, 102;  for  embalmers, 
102;  for  lawyers,  102. 

examiners,  State  Boards  of, 
98.  102. 

Excise  taxes,  210,  211. 

Executive  department,  of 
state  government,  86,  96- 
102;  of  national  govern- 
ment, 195-198. 

Experimental  farms,  41. 

Ex  post  facto  law,  170,  172. 


32^ 


INDEX. 


Family  group,  2;  responsi- 
bility of,  toward  education, 
47. 

Farmers'    institutes,    42. 

Farming  communities,  3. 

Farms,  government  assistance 
to,  38-42;  drinking  water 
on,  24 ;  appearance  of,  5'J-G2. 

Farmville,   51. 

Federal  government,  meaning 
of,  1G7-1G8;   21*^,  220. 

F'ederal  reserve  banks,  1.53, 
154. 

Federal  Reserve  Board,  198. 

Federal  Trade  Commission, 
198. 

Fertilizers,  control  of,  38. 

Fires,  protection  against,  12, 
13,  32,  33. 

Food  inspection,  by  state  gov- 
ernment, 25,  26,  99;  by  na- 
tional government,  148,  197. 

Foreign  affairs,  control  of, 
13C-13S;  President's  power 
over,   193. 

Forests,  national,  155.. 

Fortress  Monroe,  143. 

Franchise  taxes,   130,   131. 

Franklin,   Benjamin,    159. 

Fredericksburg,  51. 

Freedom,  of  speech,  15,  16,  71, 
171;  of  religion,  16,  17,  171; 
of  person,  14,  17,  163. 

General  Assembly,  houses  of, 
86;  organization  of,  86-88; 
sessions  of,  87;  powers  of, 
89;   meetings  of,  90. 

Geography  of  Va.,   111. 

Girls'  canning  clubs,  42. 

Government,  why  established, 
6-8;  protection  of  life  and 
liberty  by,  10-15;  liberty 
under,  14-17;  protection  of 
health  by,  23-29;  protection 
of  property  by,  30-33;  con- 
trol over  property  by,  33- 
36;  ownership  of  property 
by,  36;  promotion  of  agri- 
culture by,     38-42;     promo- 


tion of  education  by,  43-54; 
control  over  roads,  streets, 
and  parks  by,  56-66;  respon- 
sibility of,  for  streets,  65; 
organization  of,  86;  of 
counties,  111-116;  of  cities, 
118-125;  support  of,  127-131; 
necessity  for  national,  135; 
functions  of  national,  136- 
155;  under  Articles  of  Con- 
federation, 158,  159;  organ- 
ization of  national,  175-206; 
development  of,  217,  218. 

Governor,  election  of,  93; 
term  of,  93;  qualifications 
of,  93;  powers  and  duties 
of,  94,  95. 

Grand  jury,  20,  21,  171. 

Ilahcas  Corpus,  170, 

Hamilton,  Alexander,  159. 

Harbors,  improvement  of,  147, 
148,  196. 

Harrisonburg,  51. 

Hawaii,    government   of,    173. 

Health,  desire  for,  3;  pro- 
tection of,  by  government, 
23-29;  state  department  of, 
100. 

High   Schools,  42,  48,  51. 

Hospitals,  23;  for  insane, 
101. 

House  of  Burgesses,  68. 

House  of  Delegates,  86,  87; 
representation  in,  86,  87. 

House  of  Representatives, 
175-177:  representation  in, 
175-177;  power  of,  to  choose 
President,  188;  power  of,  to 
bring  impeachments,  203. 

Immigration,  138,  139,  197. 

Impeachment,    203. 

Implied  powers  of  Congress, 
168,  169. 

Income  taxes,  state,  130;  na- 
tional, 164,  211. 

Indictment,  by  grand  jury,  20, 
21,  171. 

Initiative,  77,  78. 


INDEX. 


329 


Innocence,  presumption  of,  19. 

Insane,  hospitals  for,  101. 

Inspection,  of  milk  ami  food:;, 
25,  2G,  14S;  of  fertilizers, 
38;  of  seeds,  40;  of  cattle, 
40;  of  boats,  14C;  of  meats, 
148. 

Interior,  U.  S.  Department  of, 
197. 

Internal  Revenue,  210,  211. 

Interstate  commerce,  145, 
148;  Commission,  198. 

Institutes,   farmers',   42. 

Jefferson,  Thomas,  17,  43,  51, 
5G,  57,  159,   189. 

Judges,  appointment  of,  in 
Va.,  108;  term  of  in  Va., 
108;  appointment  of  nation- 
al, 202,  203;  term  of  nation- 
al, 203;  impeachment  of  na- 
tional, 203. 

Judiciary  department,  of 
state,  86;  of  national  gov- 
ernment, 200. 

Jurisdiction,  of  various  courts 
in  Va.,  105-108;  of  various 
national  courts,  200-202, 
204,  205. 

Jury,  right  of  trial  by,  21, 
171. 

Justice,  U.  S.  Department  of, 
196,  197. 

Justices  of  peace,  105,  lOG, 
114. 

Labor,  protection  of,  13,  27, 
28;  state  Bureau  of,  100; 
Commissioner  of,  100;  pro- 
motion of  interests  of,  148; 
U.  S.  Department  of,  197. 

Land   assessors,   114. 

Laws,  how  made  in  Va.,  88, 
89;  execution  of,  in  Va.,  93- 
102;  interpretation  of,  in 
Va.,  104;  county,  112;  city. 
120,  121;  how  made  in 
Congress,  182,  183;  execu- 
tion of  national.  185,  198; 
interpretation  of  national, 
200. 


Legislative  department,  86, 
175. 

I.egislature,  see  General  As- 
sembly and  Congress. 

Libel,  protection  against,  16. 

Liberty,  desire  for,  3;  mean- 
ing of,  in  a  community,  14, 
15;  protection  of,  15-17, 
170-172;  growth  of,  215-217. 

Libraries,  54. 

Lieutenant-Governor,  88,  94. 

Life,  desire  for,  3;  protection 
of,  10-22. 

Life-saving  stations,  147. 

Lighthouses,    146,    147. 

Liquors,  prohibition  of  sale 
of,  2G,  27;  taxation  ou 
manufacture  of,  210. 

Literary  Fund,   43,  44. 

Lobbying,   91,   92. 

Local  option,  formerly  in  Va., 
26,  27. 

Madison,  James,  17,  159. 

Magisterial  districts,  112,  114. 

Marion,   101. 

Marshall,  John,  201. 

Mayor,  powers  cf,  121-124; 
election  of,  121;  under  com- 
mission government,  124; 
town,  125. 

Medical  College  of  Va.,  51. 

Message,  of  Governor,  94;  of 
President,  189. 

Military  Academy,  U.  S.,  196. 

Militia,   11,   95,    140-142. 

Milk,  protection  against  im- 
pure, 25,  26. 

Ministers,  foreign,  137,  193. 

Mints,  U.   S.,  152. 

Money  system,  national  con- 
trol" of,  151-152. 

National  banks,  152,  153. 
National       constitution,     see 

Constitution. 
National  courts,  see  Courts. 
Naturalization,    139-140,    197. 
Naval  Academy,  U.  S.,  196. 
Navigation,    control    of,    146, 

147. 


330 


INDEX. 


Navy,  U.  S.  Department  of, 
196. 

New  England,  education  in, 
44-4G;  townsliip  govern- 
ment in.  111,  112. 

Newport  News,   52,   118. 

Nomination,  by  parties,  82-85, 
of  President,  18G-1S8;  of 
senators,  178,  179;  of  con- 
gressmen, 178,  179. 

Norfolk,  view  of,  5;  library 
in,   5-1;    population   of,   118. 

Normal  schools,  51,  52. 

Panama  Canal,  143,  147. 

Parcel  post,  150. 

Pardoning  power,  of  Govern- 
or, 95;  of  President,  193. 

Parks,  in  cities,  66. 

Patents,   154. 

Pavements,  street,  62-65. 

Penitentiary,  101. 

Petersburg,  52,  101. 

Philippine    Islands,    143,    173. 

Platform,  party,  188,  189. 

Playgrounds,  GG. 

Police,  in  cities,  10,  31,  93, 
121. 

Political  parties,  origin  of, 
81;  necessity  for,  81;  or- 
ganization of,  82;  state  and 
local  conventions  of,  83,  179, 
186;  primary  elections  of, 
83-85,  179;  control  of,  over 
Congress,  178,  179;  control 
of,  over  presidential  elec- 
tions, 186-188;  national  con- 
vention of,  188. 

Polls,  76. 

Poll  tax,   76,   131. 

Poor,  protection  of,  14;  super- 
intendent of,  114. 

Porto  Rico,  government  of, 
173. 

Postal  savings  banks,  150. 
Postal  service,  148-151;  con- 
trol of,  148;  support  of,  208. 

Postmaster   General,   196.  , 

Post  Office  Department,  196. 

Precincts,  election,   76. 


President,  election  of,  163, 
185-188;  nomination  of, 
188;  powers  of,  189-193; 
importance  of  position  of, 
193,  194;  qualilicutions  of, 
194;  successor  to,  194. 

Presidential  electors,  185-188. 

Primary  elections,  meaning 
of,  83,  84;  in  Va.,  83-85;  for 
nomination  of  state  officers, 
83,  85;  for  nomination  of 
local  ofRcers,  83,  85;  for 
nomination  of  U.  S.  sena- 
tors, 178,  179;  for  nomina- 
tion of  congressmen,  178, 
179;  for  nomination  of 
presidential  electors,  186; 
for  nomination  of  delegates 
to  national  conventions, 
188. 

Procedure,  in  courts  of  Va., 
108,  109;  in  national 
courts,  206. 

Prohibition,  in  Va.,  26,  27. 

Property,  definition  of,  4,  30; 
uses  of,  4,  33;  in  land  and 
buildings,  30;  protection  of, 
by  government,  30-33;  con- 
trol over,  by  government, 
33-36;  improvement  of,  by 
government  improvements, 
35,  36;  ownership  of,  by 
government,  3G;  taxes  on, 
129,  130;  real,  129;  person- 
al, 130;  exempt  from  tax- 
ation,  130. 

Protective  tariff,  209,  210. 

Public   lands,    155. 

Quarantine  regulations,  23,  24. 

Radford,    51. 

Railroads,  protection  against, 
34,  35,  99;  power  of  emi- 
nent domain  given  to,  34; 
state  control  of,  34,  35,  99; 
national  control  over  inter- 
state, 145,  146,  198. 

Real  estate,  taxes  on,  129, 
130. 


INDEX. 


:l31 


Reapportionment,      in      Con- 
gress, 177. 
Recall,  77,  78. 

Referendum,    77,   78. 

Register  of  Land  Office,  102. 

Registration  of  voters,  75,  7G. 

Removal,  Governor's  power  of, 
95;  mayor's  power  of,  171; 
President's  power  of,  192; 
of  national  judges,  upon 
conviction  on  impeachment, 
203. 

Representative  government, 
meaning  of,   73,   74. 

Representatives,  see  Con- 
gressmen. 

Republican  party,  see  Politi- 
cal Parties. 

Reserve  banks,  federal,  153, 
154. 

Reserved  powers,  of  the 
states,  167-170. 

Revolutionary  War,  68,  128, 
157,   158. 

Richmond,  51,  90,  155;  popu- 
lation of,   118. 

Riots,  protection  against,  11, 
95. 

Rivers,  improvement  of,  147, 
148,   196. 

Roads,  necessity  for  good,  56, 
57;  toll,  57,  58;  provision 
for,  in  Va.,  59;  appearance 
of,  59-62;  state  assistance 
for,   100. 

Roanoke,   population    of,    118. 

Rural  free  delivery,  150. 

School  board,  county,  115; 
city,  124. 

Schools,  agricultural,  42,  155; 
history  of,  in  Va.,  43-46; 
consolidated,  48,  49;  trans- 
portation to,  48,  49;  in 
cities,  50,  51;  how  the  com- 
munity is  helped  by,  52,  53; 
appearance  of,  61,  62;  see 
also  Edueat'on. 

School    system,  beginning  of. 


in  Va.,  43-46;   organization 
of,   97,   98. 

Secretary,  of  the  Common- 
wealth, 94,  90;  of  State, 
195;  of  the  Treasury,  195; 
of  War,  19G;  of  the  Navy, 
196;  of  the  Interior, 
197;  of  Agriculture,  197;  of 
Commerce,  197;  of  Labor, 
197. 

Seeds,  regulation  of,  40. 

Senate,  of  Va.,  86-88. 

Senate,  U.  S.,  powe-  of,  over 
treaties,  137;  representa- 
tion in,  177,  178;  power  of, 
over  appointments,  191, 
192;  as  a  court  of  impeach- 
ment, 203. 

Senator,  state,  election  of,  86- 
88. 

Senators,  U.  S.,  election  of, 
164,  165,  178;  nomination 
of,  178,  179;  terms  of,  178; 
qualifications  cf,  180;  pow- 
er of,  over  appointments, 
191,   192. 

Sewerage  systems,  28. 

Sheriff,   10,   31,   114. 

Slavery,  abolished,  17.  163; 
in  Va.,  effect  of,  45,  46,  118. 

Soldiers,  care  of  aged,  14 ; 
see  also  Army  and  Militia. 

Speaker,  of  House  of  Dele- 
gates, 88;  of  House  of  Rep- 
resentatives, 181. 

Special   assessments,   36,   129. 

State,  U.  S.  Department  of. 
195. 

State  Board  of  Education,  97, 
115;  of  Examiners,  98,  102; 
of  Agriculture  and  Immi- 
gration, 98,  99;  c:  Health, 
100;  of  Charities  and  Cor- 
rections, 102;  of  Fisheries, 
102. 

States,  projection  of,  against 
insurrection,  11,  95;  com- 
merce between,  145,  148, 
198;  ratification  of  U.  S. 
constitution   by,    160,    161; 


332 


INDEX. 


protection  of,  against  suits, 
163;  dependence  and  inde- 
pendence of,  1G7,  16S;  pow- 
ers of,  1G9,  170;  restrictions 
on  powers  of,  171,  172;  rep- 
resentation of,  in  Congress, 
175-177;  protection  against, 
liO."),   200. 

Staunton,    52,   101. 

Streets,  planning  of,  62;  pav- 
ing of,  62;  uses  of,  62,  6.1; 
appearance  of,  53-65;  light- 
ing of,  62;  sprinkling  of, 
64;  government  responsibil- 
ity for,  65. 

Suffrage,  see   Voters. 

Superintendent,  of  Public  In- 
struction, 94,  97;  of  schools, 
98,  115,  124;  of  penitentiary, 
101;  of  printing,  102. 

Supervisors,  county  board  of, 
112. 

Supreme  Court,  of  Appeals  in 
Va.,  106-108;  of  U.  S.,  200, 
201,  205,  206. 

Surveyor,  county,  115. 

Tariff,  protective,  209,  210. 

Taxation,  necessity  for,  127, 
12S;  distinguished  from 
eminent  domain,  128;  prin- 
ciples of,  in  Va.,  128,  12:3; 
forms  of,  in  Va.,  129,  131; 
in  cities,  121;  necessity  for 
national,  208;  forms  of  na- 
tional, 208-211;  national  and 
state,  compared,  211,  212; 
restrictions  on  national, 
212,   213. 

Taxes,  definition  of,  127;  on 
property,  129;  on  incomes, 
130,  164,  211;  franchise, 
130,  131;  poll,  76,  131;  state 
and  local,  131;  indirect, 
209;  excise,  210,  211;  stamp, 
211;  direct,  212,  213. 

Teachers,  examination  of,  98; 
appointment  of,  115. 

Telegraph  service,  control 
over,  35,  99,  145,  146,  198. 


Telephone      service,      control 

over,  35,  99,  145,  146,  198. 
Territories,     government     of, 

172,  173. 
Town   meeting,    111,   112. 
Towns,    government    of,   124, 

125. 
Township     government.     111, 

112. 
Trade    Commission,     Federal, 

198. 
Treasurer,     of    Va.,     94,     97, 

county,  114,  115;  city,  121. 
Treasury    Department,    U.   S., 

195,  196. 
Treaties,  the  making  of,  137. 

Union   of  states,  reason    for, 

157.  158. 
University  of  Virginia,  51, 

Veto,  of  Governor,  94;  of 
mayor,  121;  of  President, 
189,   190;    pocket,   190. 

Vice-President,  duty  of,  181, 
194;  election  of,  185-188. 

Virginia  Military  Institute, 
51. 

Virginia  Polytechnic  Insti- 
tute, 42,  51. 

Voters,  qualifications  for,  in 
Va.,  75,  76;  218,  219. 

Votes,  liow  cast,  76,  77;  how 
counted,  77;  right  of  negro 
to  cast,  164. 

War,  power  to  make,  140;  U. 

S.  Department  of,  196. 
War  Between  the  States,  17, 

44,  70,  163,  164. 
Wards,  in  cities,  76,  120,  122. 
Washington,  George,  159. 
Washington,  137,  195,  201. 
Waterworks.    24,  25. 
West   Virginia,    suit    against, 

204. 
William  and  Mary  College,  51. 
Williamsburg,  51,  101. 
Wilson,  Woodrow,  74,  189. 
Witnesses,  21. 
Woman  suffrage,  74,  219. 


UNIVERSITY  OF  CALIFORMU 

AT 

LOS  ANGELES 

UBRARY 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 

This  book  is  DUE  on  the  last  date  stamped  below. 


FEB  1  3  1953 


Form  L9 — 15m-10,'48 (B1039) 444 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    000  553  629    7 


